Law:

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(a) Civil Procedure Code (V of 1908)------S. 115 & O.XLI, R.22---Qanun-e-Shahadat (10 of 1984), Art.114--­Revision---Estoppel---Issue was decided against applicant---Applicant neither filed cross-objection nor challenged the issue before the Appellate Court--­Applicant was estopped from challenging the issue in revision. Allah Yar Khan v. Mst. Sardar Bibi 1986 SCMR 1957 and Liaquat Khan and others v. Ghulam Muhammad PLD 1987 Pesh.53 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Suit of respondent was dismissed by Trial Court--­Appellate Court allowed appeal and decreed the suit---No findings perverse in law or misreading of evidence was found---Revision was dismissed in circumstances. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Conflict in s of Trial Court and Appellate Court---Effect---Decision of First Appellate Court was to be preferred in revisional jurisdiction. Mir Muhammad alias Miral v. Ghulam Muhammad PLD 1996 Kar 202 ref JUDGMENT This Revision Application has been filed by the legal heirs of the original applicant against the judgment given by VIth Additional District Judge, Karachi (East) on 12-1-1991 whereby he allowed Civil Appeal No.39 of 1989 which arose from the dismissal of. the Suit No.3257 of 1978 filed by the respondent in the Court of VIIth Civil Judge, Karachi (East). The plaintiff/respondent approached the Trial Court and stated that the applicant has raised construction of Jhugi/room and donkey cart outside the house of the plaintiff/respondent, and prayed for the following relief:-- (a) By issuing mandatory injunction against the Defendants directing them to demolish and remove Jhuggi/Room and donkey cart outside of the plaintiff's house on the Western lane of Plot bearing No.GRE-672-VII AE-663-G/1-A Garden East Clifton Road, New Town, Karachi. (b) By issuing permanent and perpetual injunction restraining the defendants, their agents and servants from raising any sort of construction over any of the lanes attached to the Plaintiffs Plot bearing No.GRE-672-VII-AE-663-G/1-A, and also from using the same as stand for Donkey Cart, or any other manner. (c) Cost of the suit The claim of the…

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