Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1, 2 & S. 115--­Co-sharer---Temporary injunction, grant of---Principles---Suit by widow for joint possession of suit land and declaration of her right to inherit same---Trial Court granted interim injunction in favour of plaintiff directing defendants (vendees) not to cut trees and change character of suit land ---Property in question, being joint property, was sold by other co-sharers including share of widow (plaintiff) without her consent---Interim injunction was maintained by Appellate Court ---Validity---Property in question was admittedly in joint Khata which was still not partitioned---Plaintiff's plea that defendants be restrained from cutting trees and changing character of property until its partition, was accepted by Trial Court and said order was affirmed by Appellate Court---Courts below had rightly granted interim injunction keeping in view three essential ingredients required for grant of temporary injunction---Trial Court was, however, directed to conclude the case within period of one year---Order of interim injunction was maintained in circumstances. Mst. Kalsoom Malik and others v. Assistant Commissioner and others 1996 SCMR 710 and Muhammad Zubair v. Syed Zakir Hussain Shah and another 1996 CLC 275 ref. ORDER Brief facts of the instant Civil Revision are that Mst. Sahib Bibi respondent filed a suit for declaration in the joint property total land measuring 163 Kanals, 6 Marlas to the extent of 7 Kanals, 3 Marlas situated at Mauza Kandiwal Tehsil Chiniot as a widow of one Muhammad Mirza from the estate of Muhammad, the father of Muhammad Mirza, a co-sharer in the joint Khata. She also challenged the mutation of sale in favour of respondent No.6. She also applied for interim injunction.. Learned Trial Court vide order, dated 24-3-1997 granted her the interim injunction. This order was assailed in the appeal and the interim injunction granted by the learned Trial Court was confirmed and against these concurrent findings the instant Civil Revision has been filed by the petitioner. 2. The grievance of the petitioner is that he is the bona fide…

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