Law:

Section:

Specific Relief Act (I of 1877)--- ----S.54---Civil Procedure Code (V of 1908), O. XXXIX, Rr.1 & 2---Interim injunction, grant of---Possession, proof of---Report of local commission---Concurrent findings of fact by the courts below---Plaintiffs claimed to be owners in possession of shops but defendants denied the same, therefore, on divergent pleadings of parties, Trial Court appointed local commission for spot inspection---Trial Court relying on the report of local commission granted interim injunction in favour of plaintiffs---Validity---Fact of possession was admired by defendants and orders passed by both the courts below were based on convincing, rational and cogent reasons---Defendants failed to point out any illegality or irregularity in orders passed by courts below and basic ingredient for grant of temporary injunction i.e. possession of plaintiffs was admitted on the site---Plaintiffs were even owners in joint Khata which was yet to be partitioned, which fact had established their prima facie case---If application of plaintiffs was dismissed and if temporary injunction was refused and order for maintaining status quo was not passed by Trial Court, then there was an apprehension that defendants could have created inconvenience by selling joint property in the hands of others---High Court declined to interfere in concurrent orders passed by two courts below---Revision was dismissed in circumstances. ORDER HAFIZ ABDUL REHMAN ANSARI, J.---Allah Ditta son of Allah Bakhsh and 5 others through the instant Civil Revision under section 115, C.P.C, call in question the order dated 15-12-2009, passed by the learned Additional District Judge, Jatoi, dismissing the appeal filed by the petitioners against the order dated 1-6-2009 of the learned Civil Judge Ist Class, Jatoi whereby he had accepted the application of the plaintiff-respondent seeking temporary injunction filed in a suit for permanent injunction. 2. Facts in brief leading to the filing of the present civil revision are that respondents Muhammad Shafi etc., filed a civil suit for permanent injunction to the effect that the plaintiffs-respondents are owners in possession of three shops on land…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492