Case Details

Citation(s)
1994 SLG 465 1994 SLD 465 1994 SCMR 449
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 193 of 1993, decision dated: 20-10-1993
SHAFIUR RAHMAN AND SALEEM AKHTAR, JJ

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Maj. (Retd.) EJAZ AHMAD

KHALID MAHMOOD SINDHU

Law:

Section:

Civil Procedure Code (V of 1908)--OXXXIX, Rr.l & 2---Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal---Ad interim injunction, grant of---Supreme Court issuing notice to respondent calling upon him to show cause as to why petition for leave to appeal be not converted into appeal and accepted to the extent that raising of construction over plot in question, after institution of suit and notice to him, should be taken to be at his own risk and he should be prevented from alienating disputed property meanwhile---Notice having been issued to respondent in proper time it must be taken that he would have been served with it, but he did not make appearance---Petition for leave to appeal was, thus, converted into appeal and accepted to the extent that interim order would be issued pending the suit that construction made by respondent would be at his own risk and that he would not alienate property in question, meanwhile. ORDER SHAFIUR RAHMAN, J: --Notice had issued in this case to the respondent calling upon him to show cause why the petition be not converted into an…
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