Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908)... ----0. XXXIX, Rr.l & 2---Constitution of Pakistan (1973), Art.185(3)-- Temporary injunction---Grant of---Jointly owned land---One of the co-sharers wanted to construct a house on a portion of such land---Other co-sharers objected to such construction and filed suit for injunction on the ground that the property was jointly owned by the parties, therefore, the co-sharer be restrained from raising any construction till such time that regular partition of the land took place---Numerous mutations of sale had been sanctioned of small pieces of land, out of the suit Khasra number for construction purposes and after carving out Tatimmas houses had been constructed on such land--Even portion of the land in possession of tie co-sharer (who wanted to construct the house) was earlier sold by one of the co-sharers who later sold it to him (the co-sharer)---Land in question, thus, had its own identity from rest of the land in suit---High Court, therefore, was justified to set aside that order of injunction in favour of co-sharers who objected the construction of house by the other co-sharer with direction to the co-sharer who wanted to construct the house to furnish security to the effect that he would remove the construction in case of success of the other co-sharers regarding the suit land---Order of High Court being in conformity with the law, giving sufficient safeguard to the interest of both the parties, Supreme Court declined interference and dismissed the petition for leave to appeal. M. Munir Paracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. E)az Afzal, Advocate Supreme Court and Ch. Akhtar Ali, Advocate- on-Record for Respondents. Date of hearing: 30th January, 1995. ORDER   FAZAL ILAHI KHAN, J: --Leave to appeal is prayed .for in this petition against the .judgment and order of Peshawar High Court, Circuit Bench, Abbottabad dated 7-7-1994 whereby interim stay granted by the District Judge was set aside and the order of the trial Court refusing to grant temporary injunction was restored. Respondent is a co-sharer in Khasra No.3081 which total measures 341 Kanals- 7 Marlas. He…