Law: Civil Procedure Code (V of 1908)

Section: 1 , 2 , 115

Civil Procedure Code (V of 1908)--- ----OXXXIX, Rr.l & 2 & S.115---Temporary injunction---Question as to whether plaintiffs had a rightful claim qua the disputed property in their purported capacity as legal heirs of common ancestor was a matter which had to be gone into by Trial Court after recording of evidence---Plaintiffs' prima facie had made out arguable case---Contents of documents on record did lend support to the contention of plaintiffs that they as well as defendants were descendants of a common propositus who was owner of property in question-- Remaining two ingredients for grant of stay were thus, rightly found in favour of plaintiffs---Plaintiffs were, therefore, entitled to grant of temporary injunction which was rightly granted to them by the lower Appellate court. Ch. Ghulam Sabir Sulehria for Petitioner. Taqi Ahmad Khan for Respondents. Date of hearing: 10th October, 1992. JUDGMENT The brief facts are; petitioner is aggrieved from the judgment dated 19-1-1991 passed by the learned District Judge, Sialkot, whereby he accepted the appeal filed by the respondents against the order of the learned Civil Judge dismissing the application for temporary injunction moved by them. Respondents-plaintiffs had instituted a suit for permanent injunction and claimed that they being co-owners alongwith the petitioner in the disputed property, he (the defendant) be permanently restrained from interfering in their possession and also refrain from raising any construction. A pedigree table was drawn in the plaint to show that both the parties had a common ancestor namely Sultan and the disputed property having devolved on them   from Sultan deceased it was joint amongst themselves and, therefore, they had a cause to rush to the Court when illegal construction was sought to be made by…