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SALEH MUHAMMAD vs EXECUTIVE ENGINEER IRRIGATION O — 2021 YLR 2425 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 YLR 2425 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
YLR
Parties
SALEH MUHAMMAD vs EXECUTIVE ENGINEER IRRIGATION O
Subject matter
Criminal

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

SALEH MUHAMMAD VS EXECUTIVE ENGINEER IRRIGATION O. XXXIX, Rr. 1 & 2---Temporary injunction---Scope---Petitioner/plaintiff sought restraining order against the respondents/defendants contending that he was owner-in-possession of the suit-property after purchasing it from the previous owner---Respondents contended that the previous owner had occupied the area of rainy drain for which matter was referred to the concerned Tehsildar---Held, that injunction was not to be granted only on the basis that prima-facie case existed in favour of the plaintiff---Courts were required to take into consideration whether the question of balance of convenience or irreparable loss, to the party seeking such relief, co-existed or not---For grant or refusal of the injunction , pleading documents and supporting evidence was to be examined and the assessment was to be made tentatively , however, where complicated question about merit of the case required framing of issues and evidence was involved, then the injunction order was not to be issued---In the present case, report of the concerned Tehsildar (Revenue Officer) revealed that property-in-question was acquired by the Irrigation Department in the year 1991; award was passed and amount was also paid---Said property was not incorporated in the revenue record in the name of Provincial Government i.e. Irrigation Department--- Petitioner/plaintiff had failed to make out a prima facie arguable case for grant of injunction in his favour and balance of convenience also did not lie in his favour---No illegality or infirmity was found in impugned orders passed by both the Courts below---Revision petition was dismissed, in circumstances.

Other judgments reported in 2021 YLR

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