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JAVED IQBAL vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Local Government, Peshawar O — 2022 CLC 502 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 502 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
JAVED IQBAL vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Local Government, Peshawar O
Subject matter
Civil

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

JAVED IQBAL VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Local Government, Peshawar O.XXXIX, Rr.1 & 2---Interim injunction---"Prima facie case"---Preconditions---Interim injunction, refusal of---Concurrent findings of facts by two Courts below---Petitioners/plaintiffs claimed to be tenants in shops in question and claimed that respondents/defendants had no right to dispossess them---Both the Courts below concurrently declined to grant interim injunction against respondents/defendants---Validity---For grant of temporary injunction, it was sine qua non for petitioners/plaintiffs to have on record a prima facie case regarding balance of convenience and irreparable loss with co-existence such ingredients in their favour---Mala fide attributed to respondents / defendants required evidence---Case standing in need of evidence required to be established was not a "prima facie case" for the purpose of grant of temporary injunction--- Petitioners/plaintiffs were in possession of disputed property for more than three decades, which signified dilapidated condition of building and the same further led to conclusion that balance of convenience and irreparable loss was tilting in favour of respondents/defendants--- Concurrent findings of Courts below could only be set aside if the same were result of misreading, non-reading of evidence or any irregularity or patent illegality committed by Courts below---Revision was dismissed, in circumstances. Head Notes

Other judgments reported in 2022 CLC

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