Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--0. XXXIX, Rr. 1 & 2--Constitution of Pakistan (1973), Art. 185(3). -Injunction--Execution proceedings started by respondent to get premises to dispute vacated and during said proceedings petitioner filed suit for declaration and application for temporary injunction to stay proceedings but said application dismissed by Trial as well as Appellate Court--Revision of petitioner before High Court disposed of in terms of compromise reached between parties to the effect that existing nature of premises would be maintained pending disposal of suit and that petitioner would hand over possession of premises to respondent on culmination of execution proceedings in his favour--Petitioner challenging aforesaid order of High Court passed in terms of compromise on ground that respondent had threatened to commit breach of compromise by bringing about changes in structure of building--Held, if order of High Court incorporating terms of compromise was in any way breached by any party to proceedings, it would be for High Court to take action in accordance with law and no ground existed to challenge order of High Court--Leave to appeal refused it circumstances. Salma Nasiruddin, Advocate Supreme Court and Muzaffar Hassan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 22nd March, 1988. ORDER ZAFFAR HUSSAIN MIRZA, J.--The property in dispute in this case consists of a building on plot No. GK-4/57 Yousuf Street, Kharadar, Karachi. According to the petitioner one Faiz Muhammad ancestor of the respondents had dedicated the ground floor of the building as a mosque and Imam Bargah some 40 years ago, which has been used as such ever since and is called Masjid-e­Chahardeh Masoomeen. It seems the respondents have obtained an ejectment order in respect of the disputed building which they were seeking to execute in order to obtain vacant possession of the building. 2. The petitioner apprehending that the mosque and the Imam Bargah building will be demolished has filed a suit for a declaration and injunction in the civil Court claiming to be the Mutawalli of the said waqf. An application for temporary injunction moved before the…

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