SHAHZADA COLONEL SHARIF-UD-DIN vs The SETTLEMENT OFFICER DISTRICT UPPER AND LOWER CHITRAL Ss — 2021 CLC 1968 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1968 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: SHAHZADA COLONEL SHARIF-UD-DIN vs The SETTLEMENT OFFICER DISTRICT UPPER AND LOWER CHITRAL Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908); Khyber Pakhtunkhwa Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAHZADA COLONEL SHARIF-UD-DIN VS The SETTLEMENT OFFICER DISTRICT UPPER AND LOWER CHITRAL Ss.8, 42 & 54---Civil Procedure Code (V of 1908), Ss.96, 106 [as amended by Khyber Pakhtunkhwa Code of Civil Procedure (Amendment) Act (XLIX of 2020)], 115 & O.XXXIX, Rr.1 & 2---Suit for recovery of possession, declaration and injunction--- Interim injunction, grant of---Construction at own cost---Petitioners/plaintiffs claimed to be owners of suit property on the plea that they were legal heirs of predecessor-in-interest of parties--- Respondents/defendants were in possession of suit property and assailed interim injunction granted by Trial Court--- Lower Appellate Court set aside the order and allowed respondents/defendants to raise construction at their own risk and cost---Validity---Petitioners/plaintiffs were out of possession and their title regarding property in dispute was still to be established in suit---Lower Appellate Court allowed respondents to raise construction at their own risk and cost which had already been started on property in dispute to some extent---Raising of further construction was not likely to cause any inconvenience to petitioners/plaintiffs---Stopping of ongoing construction could cause greater inconvenience to respondents/defendants---High Court declined to interfere in permission given by Lower Appellate Court to respondents/defendants to raise construction on the property in dispute at their own risk and cost---Revision was dismissed, in circumstances.

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