Case Details

Citation(s)
1995 SLG 577 1995 SLD 577 1995 SCMR 339
Supreme Court of Pakistan
Civil Appeals Nos. 34 K and 35 K of 1992, decision dated: 10-06-1992.
AJMAL MIAN AND SAIDUZZAMAN SIDDIQUI, JJ
Muhammad Sharif, Advocate Supreme Court and M. Shabbir Ghaury, Advocate on-Record. Mushtaq Memon, Kazilbash, Advocates Supreme Court and Mrs. Majida Razvi, Advocate on-Record

Dr. MA. MAHBOOB and another

VS

Mrs. NAWAB BEGUM

Law:

Section:

Civil Procedure Code (V of 1908) O. XXXIX, Rr. 1 & 2 Constitution of Pakistan (1973), Art. 185 Grant of injunction by High `Court against unauthorised construction Validity ¬Petition for leave to appeal was converted into appeal by consent of parties and disposed of in terms that injunction application would be deemed to have been disposed of in terms of consent order passed upon miscellaneous application in civil suit with clarification that appellants should not be entitled to carry out any construction work including finishing work in the disputed area referred to in the consent order Official assignee of High Court was appointed as Commissioner to visit the site and to demarcate and prepare plan of the area where appellants would not carry out any construction work so as to eliminate possibility of any future controversy. ORDER AJMAL MIAN, J. By this common judgment we intend to dispose of the above two petitions for leave to appeal directed against the judgment dated 25 3 1992 passed by a Division Bench of the High Court of Sindh in High Court Appeals Nos. 158 of 1989 and 159 of 1989 filed by the petitioners/appellants against the grant of an injunction by a learned Single Judge of the above High. Court against the unauthorised construction, dismissing the same, we have converted the above petitions for leave to appeal into appeals and by consent of…
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