Law: Civil Procedure Code (V of 1908)

Section: 1

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--   ---O.XXXIX, R.1--Constitution of Pakistan (1973), Art.185(3)-­Temporary injunction passed in title suit--Interference with-­Petitioner-defendant aggrieved by order of status quo passed by High Court in civil revision in a pending title suit--Plea that plaintiff­ respondents had no prima facie case; were not in possession of land in dispute and balance of convenience was strongly against them because petitioner had obtained decrees of ejectment against tenants which would be rendered infructuous, repelled--Held, since only interim regulatory order was involved which preserved the existing position and could be got modified suitably if after obtaining decree of ejectment any impediment or inconvenience was felt by the petitioner, it was not a fit case for interference by Supreme Court--Leave to appeal refused. ORDER SHAFIUR RAHMAN, J.- The interim order of status quo has been passed in civil revision by the High Court on 29-6-1987 in a pending title suit which has aggrieved the petitioner who is the defendant and he seeks leave to appeal. 2. The contention of the learned counsel for the petitioner is that the plaintiffs- respondents had no prima facie case as they and their predecessor-in-interest had earlier admitted that it was not limited estate of the widow and the daughters, but only a share held in lieu of maintenance and on the…

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