Law:

Section:

Civil Procedure Code (V of 1908)-------S. 115 & O.XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and perpetual injunction---Temporary injunction, grant of---Such suit was filed on basis of unregistered sale-deed in favour of plaintiff in respect of suit property---Application for temporary injunction was also filed by plaintiff for restraining defendant not to undertake any type of construction on suit property or to alienate same without consent of plaintiff---Suit was resisted by defendants alleging that they had purchased suit property from its original owner and they were in possession of same since its purchase--­Documents produced by parties in proof of their respective ownership did not reflect that such documents were in respect of same property which was subject matter of dispute between the parties---Documents produced by parties to prove their respective claim did not identify suit property as boundaries given in both documents were not identical---Suit was in initial stages and a correct adjudication could not be made on available record---Relief sought for being of temporary nature, order of Court below according to which temporary injunction was granted to plaintiff till final disposal of suit, was correct and could not be interfered with. JUDGMENT This revision petition is directed against the order of the learned District Judge/Zilla Qazi, Malakand at Batkhela, dated 20-3-1997 whereby the order of the learned Senior Civil Judge/Alla Illaqa Qazi, Malakand at Batkhela dated 18-2-1997 was set aside and temporary injunction was granted to the plaintiff-respondent till the final disposal of the suit. 2. Facts of the case, in brief, are that Hukam Khan plaintiff-respondent instituted a suit in the Court of Senior Civil Judge/Alla Illaqa Qazi, Malakand at Batkhela against Alain Sher and others, defendants-petitioners for declaration and perpetual injunction of the property mentioned in the heading of the plaint. Alongwith the suit an application for temporary injunction was also filed, restraining the defendants-petitioners not to undertake any type of construction on the disputed land or to alienate…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492