Law:

Section:

Civil Procedure Code (V of 1908)--- ----OXXXIX, Rr.l, 2, 4 & S.115---G.ant of temporary injunction---Discharge of---Temporary injunction granted by Trial Court to plaintiff/petitioner according to which defendants/respondents were stopped from raising construction on property in dispute was subsequently discharged by Appellate Court---Plaintiff challenging said order of Appellate Court had contended in revision that construction existing on property in dispute had been raised by defendants/respondents in violation of status quo order earlier issued by Trial Court and also during pendency of suit between parties---Objection raised by petitioner/plaintiff at revisional stage needed probe by Trial Court for determining its legal effect as High Court in its revisional jurisdiction could not comment upon that objection---Respondent had agreed that he would not alienate suit property till its final adjudication---Further construction on property in dispute would be at risk and cost of respondent and would neither affect plaintiff/petitioner's right in suit property nor would it operate as a bar to appropriate relief to which plaintiff would be found entitled at the trial. JUDGMENT Civil Revision by the plaintiff is against an order of learned Additional District Judge, Lahore whereby, appeal riled by respondents was allowed and temporary injunction stopping them from raising construction on the property in dispute and its alienation further was discharged. Haji Din Muhammad owned property No.62/117 at Ahmad Block, New Garden Town, Lahore out of it, he sold 1 Kanal 3 Marlas 75 Sq.Ft. to his sons, Abdur Rahim and Muhammad Azi7, vide sale-deed executed on 26-1­1984 and registered on 29-1-1984. Haji Din Muhammad died on 7-2-1984. He was survived by a widow, six sons including the petitioner and respondents and six daughters. Petitioner alone riled a civil suit for cancellation of the registered sale­deed said to have been executed and registered at the instance of Haji Din Muhammad. Alongwith the plaint in the suit, petitioner applied for a temporary injunction for stopping the respondents-alienees from…

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