Law:

Section:

Civil Procedure Code (V of 1908)--O.XXXIX, Rr.l & 2---Specific Relief Act (I of 1877), Ss.42 & 54--- Constitution of Pakistan (1973), Art.185(3)---Temporary injunction, grant of---Suit for declaration and permanent injunction---Dismissal of application for temporary injunction to restrain respondent to use exclusively internal passage leading to Chah situated in disputed land---Validity---Petitioners in the plaint had not claimed to be owners of disputed land or its adjacent land---Petitioners had not alleged that respondent was not the owner of disputed land or had no right to approach said Chah from said internal passage, which they wanted to use exclusively---Said Chah according to Revenue Record existed at the spot, which in view of assertions made in the plaint had been abandoned long time ago---Petitioners had failed to establish prima facie case for issuance of temporary injunction---No case had been made out for interference in well-reasoned discretionary order passed by Courts below---Supreme Court dismissed the petition and refused to grant leave to appeal in circumstances. Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139 ref. JUDGMENT MUNIR A. SHEIKH, J. ---Application for issuance of temporary injunction . filed by the petitioners alongwith the suit for permanent injunction to restrain the respondent to use exclusively internal passage to reach Chah which is situated in Kills No.40/7 was dismissed by the trial Court which order was upheld in appeal filed by them before the First Appellate Court. Both these orders have further been confirmed by the learned Judge of the Lahore High Court through the judgment impugned in this petition dated 17-11-1998 whereby revision petition…

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