Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.l & 2---Interim injunction, grant of---Respondent who was one of co-sharers of jointly owned property, demolished said property and started fresh construction without consent of other co-sharers---In case of joint immovable property, every co-sharer would be deemed to have ownership right in every part of property and one co-sharer could not change nature of property---Trial Court on application of one of the cp-sharers granted interim injunction observing that prima facie, property being jointly owned by parties, all co-owners possessed property and that one co-sharer could not use it in such a way as to alter its joint character or was inconsistent with right of other co­sharers or was likely to cause such loss to them as could not be made good at time of partition of property between co-sharers---Trial Court having rightly issued stay order, High Court was not justified to vacate same. Rasib Khan and another v. Abdul Ghani and 4 others PLD 1985 SC (AJ&K) 69; Ali Gohar Khan v. Sher Ayaz and others 1989 SCMR 130; Lal Din v. Muhammad Riaz Civil Appeal No.85 of 1991 and Mustafa Khan and 3 others v. Muhammad Khan and another PLD 1978 SC (AJ&K) 75 ref. (b) Co-owner--- ----In case of joint immovable property, every co-sharer would be deemed to have ownership right in every part of property and one co-sharer could not change nature of property. JUDGMENT BASHARAT AHMAD SHAIKH, J.--- The appellant is the real sister of respondent Mukhtar Ali. Pro forma-respondents are also their sister and brothers. Their father, Ghulam Haider, died about 4 years ago. His estate consists of a house in Abadi Deh bearing Survey No.951/1 in Village Tangdev as well as land measuring one Kanal under Survey No.979 is the same village out of which there was a house built over six Marlas. The appellant as well as the respondent reside in United Kingdom. It is alleged that the respondent came to Mirpur and demolished the house situated in Survey No.979 and started fresh construction. It is further stated that the construction taken in hand by the respondent also had the effect of closing a path leading to the house of the…

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