MUHAMMAD ASLAM vs MUHAMMAD YOUSAF S — 2022 YLR 2479 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASLAM VS MUHAMMAD YOUSAF S. 52---Transfer of property pending suit relating thereto----Lis pendens, principle of---Scope Prima facie respondents/defendants were shown owners of the suit property and if the respondents/defendants alienated suit property during the pendency of suit that transaction would be subject to the principle of lis pendens, which safeguards the rights of petitioners/ plaintiffs---If any alienation of the property made pendente lite was validated as to effects the rights of opponent , it would start endless litigation---- Civil revision was dismissed. O. XXXIX, Rr. 1 & 2---Interim injunction--- Necessary ingredients---Petitioners/plaintiffs filed a suit for declaration, possession and cancellation of documents along with application under O. XXXIX, Rr. 1 & 2, C.P.C.---Respondents/defendants filed contesting written statement as well as reply of application---Trial Court accepted the prayer of petitioners/plaintiffs to the extent of restraining respondents/ defendants from alienating the suit property any further--Respondents/ defendants filed an appeal which was allowed by Appellate Court and dismissed the application----Validity---Petitioners/ plaintiffs could not make out a prima facie good arguable case in their favour, as such , balance of inconvenience and irreparable loss also did not tilt in their favour----Necessary ingredients for grant of temporary injunction under O. XXXIX, Rr. 1 & 2, C.P.C. were existence of prima facie arguable case, balance of convenience and irreparable loss or injury---Civil revision was dismissed. Ss. 96,100 & O. XLI, R.33---Conflict of Judgments of Trial Court and appellate court---In the event of conflict of judgments, findings of appellate Court were to be preferred and respected,unless it was shown from the record that such findings were not supported by evidence.

MUHAMMAD ASLAM vs MUHAMMAD YOUSAF S — 2022 YLR 2479 LAHORE-HIGH-COURT-LAHORE

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