Case Details

Citation(s)
1985 SLG 1003 1985 SLD 1003 1985 SCMR 1918
Supreme Court of Pakistan
Civil Petition No. 444 of 1985, decision dated: 23rd June, 1985 (On appeal from the judgment, dated 9-4-1985 of the Lahore High Court, Multan Bench, Multan in Civil Revision No. 238 of 1985)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ

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MUHAMMAD SIDDIQUE and others

VS

. Haji TALIB HUSSAIN and others--Respondents

Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), O. XXXIX, r. 1-­Tempocary injunction--Grant of--Arbitration award pending in Civil Court--Respondents instituting suit before Revenue Court for recovery of rent and ejectment of petitioners--Petitioners' application for grant of temporary injunction there against rejected by Civil Court--Order upheld in appeal and revision inter alia on ground that competently instituted proceedings before Revenue Court could not be frustrated by issuance of restraining order--Supreme Court while maintaining impugned order, held, injunction could not be granted by a Court to stay proceedings another Court which is not subordinate to Court from which injunction is sought--Petition for leave to appeal dismissed. Ch. M. Farooq, Advocate Supreme Court and Rana M.A. Qadri, Advocate-on-Record for Petitioners. Ch. Noor Elahi, Advocate Supreme Court and Wajid Hussain, Advocate-on-Record for Respondents. Date of hearing: 23rd June, 1985. ORDER NASIM HASAN SHAH, J.--The petitioners had moved the Civil Court for making an award given by an Arbitrator where under they were held entitled to the suit land subject to payment of Rs.2,50,000 as a rule of the Court. The respondents who claim to be purchasers of the suit land had raised objections to the said award and the matter is pending in a Civil Court. Meanwhile, the respondents instituted a suit against the petitioners in the Revenue Court for the recovery of rent and for their ejectment. The petitioners submitted an application before the…
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