Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), S.54---Suit for permanent injunction against co-sharers of property---Validity---Trial Court granted temporary injunction to plaintiff relying on Khasra Girdawari for the year 1995-96, but ignored subsequent events particularly the ejectment of plaintiff from the land in dispute---Suit filed by plaintiff was for permanent injunction simpliciter and it was doubtful whether such a suit was maintainable against co-sharers---Grant or refusal of temporary injunction essentially lay in the discretion of Court and in the present case Appellate Court had rightly exercised its discretion in recalling injunction order passed by Trial Court. Pervaiz Inayat Malik for Petitioner. Date of hearing: 28th June, 2002 ORDER This revision petition is directed against the order dated 22-5-2002 of the learned Additional District Judge, Shakargarh whereby on the appeal of respondents Nos.3, 3-C to 3-K the order, dated 26-4-2001 issuing temporary injunction in favour of the petitioner was set aside. 2. The case of the petitioner was that he was in possession of an area measuring 11 Kanals 17 Marlas of Shamlat Deh which was still unpartitioned. He-prayed for permanent injunction that the defendants in the suit be restrained from dispossessing him from the suit-land till the property was partitioned. Alongwith the plaint he filed an application for grant of temporary injunction which was allowed vide order dated 26-4-2001 and the parties were directed to maintain status quo. The entries of Khasra Girdawari for the year 1995-96 were relied upon by the learned trial Court. 3. The defendants in the suit filed an appeal which was allowed vide order, dated 22-5-2002. 4. The learned counsel for the petitioner contends that the learned First Appellate Court did not even advert to the reasoning of the trial Court particularly the entries of Khasra Girdawari for the year 1995-96. It is further contended that as co-sharer in possession, the petitioner was entitled to maintain his possession unless the land of Shamlat Deh was partitioned in accordance with law. 5. The submissions made by the learned…

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