| Citation(s) |
|---|
| 1984 SLG 419 1984 SLD 419 1984 SCMR 202 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 733 of 1983, decision dated: 9-05-1983 (On appeal from the judgment and order of the Lahore High Court, dated 9-04-1983 in Civil Review Application No. 11-C of 1982 in Civil Revision No. 211 of 1982)
S. A. NUSRAT AND MIAN BURHANUDDIN KHAN, JJ
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Civil Petition for Special Leave to Appeal No. 733 of 1983, decision dated: 9-05-1983 (On appeal from the judgment and order of the Lahore High Court, dated 9-04-1983 in Civil Review Application No. 11-C of 1982 in Civil Revision No. 211 of 1982)
S. A. NUSRAT AND MIAN BURHANUDDIN KHAN, JJ
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Haji AZIZ MUHAMMADer
VS
. Haji JAN MUHAMMAD--Respondent
Law:
Section:
Constitution of Pakistan (1973)-------Art. 185(3)-Civil Procedure Code (V of 1908), O. XXXIX, r. 4-Vacation of order of status quo -Facts of case examined by District Judge and twice by High Court in revision and review and concurrently holding that on account of supervening event there was no justification left for continuing order of status quo-Prima facie, in substance, case was not found to exist in favour of petitioner-Petitioner seeking interlocutory order to be set aside by Supreme Court on appraisal of facts and evidence on record-Held, there was no justification to interfere with, discretion exercised by two Courts in the matter-Petition dismissed. Muhammad Sayeed Akhtar, Advocate Supreme Court instructed by S. Inayat Hussain Shah, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 9th May, 1983. ORDER S. A. NUSRAT, J.-This petition for special leave to appeal, is directed against the orders, dated 12-6-1982 and 9-4-1983, whereby revision application and an application for review of the former order, were dismissed by a learned Single Judge of the Lahore High Court, Multan Bench. Multan. According to the facts of the case, the petitioner bad filed a suit for declaration that he was the owner of the disputed land which bad fallen to his share by virtue of an agreement of exchange, dated 1-2-1973 executed between him and the respondent. On petitioner's application for grant of injunction, the learned trial Court passed an order, dated 8-4-1980 for maintaining status quo in respect of the suit land.…
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