Law: Civil Procedure Code (V of 1908)

Section: 115,1,2

Civil Procedure Code (V of 1908)--- ----S. 115 O. XXXIX, Rr. 1 2---Revision petition---Application for interim injunction, deferment of---Scope assailed order passed by Appellate Court whereby his appeal against interlocutory order passed by Trial Court was dismissed---Validity---Trial Court vide impugned order had simply deferred/adjourned the hearing of injunction application till filing of written statement by the defendants and had not passed any adverse order against the petitioner---Order passed by Trial Court was neither appealable nor revisable---High Court observed that an application under O.XXVI, R.9, C.P.C., was filed by petitioner for appointment of commission for local investigation, which was pending adjudication in the Trial Court---Case was remanded to the Trial Court with direction by the High Court to dispose of the application under O.XXVI, R.9, C.P.C., on top priority basis and thereafter, dispose of the application under O.XXXIX, Rr. 1 2, C.P.C., after hearing arguments of both the parties on merits within shortest possible time---Parties, in the meanwhile, were directed to maintain status quo---Revision petition was disposed of accordingly. JUDGMENT ALI BAIG, JUSTICE:---.--- This revision petition is directed against the impugned judgment/order dated 07-8-2019, passed by the learned District Judge Gilgit, in CFA No.72/2019, whereby the learned 1st appellate court has dismissed civil 1st interlocutory appeal of present petitioner/ plaintiff. 2. Succinctly facts giving rise to the filing of this civil revision petition are that the petitioner/plaintiff filed a suit for declaration and permanent injunction against the present respondents/defendants in the learned trial court claiming that the petitioner/plaintiff is owner in possession of suit land measuring 21 kanals 8 marlas fully described in the head note of plaint situated at village Minawar Tehsil and District Gilgit. The respondents/defendants Nos.1 and 2 in league with respondents Nos.5 to 9 are bent upon to take possession of suit land, this act of respondents is illegal, based on mala fide intention, ineffective on the rights of petitioner/plaintiff, therefore, the respondents/…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492