MUHAMMAD ASHRAF KASI vs MUHAMMAD YAHYA KASI O — 2022 YLR 910 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 910 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD ASHRAF KASI vs MUHAMMAD YAHYA KASI O
Subject matter: Civil
Provisions referred to: S. 52---I; Property Act (IV of 1882)

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

MUHAMMAD ASHRAF KASI VS MUHAMMAD YAHYA KASI O. XXXIX, Rr. 1 & 2---Transfer of Property Act (IV of 1882), S. 52---Interim injunction---Transfer of property pending suit relating thereto---Scope---Plaintiffs assailed the dismissal of their application under O. XXXIX, Rr. 1 & 2, C.P.C. by the Appellate Court---Validity--Plaintiffs had not sought any relief which deprived the defendant from the property, they had only prayed for maintenance of status quo in respect of the suit properties till disposal of the suit---Object of granting interim injunction was to ensure that the suit property would not be alienated in case of decree being passed in favour of the plaintiff and execution thereof did not become difficult---Principle of lis pendens was no ground to refuse the temporary injunction---Revision petition was accepted and the defendant was directed not to create third party interest in the suit properties till disposal of the main suit.

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