Citation Name: 2023 CLC 1839 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MANAN vs BAKHTI ALI S

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

Citation Name: 2023 CLC 1839 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MANAN VS BAKHTI ALI S.115---Revision petition---Concurrent findings---Scope---Erroneous concurrent findings based on misreading and non-reading of evidence are not sacrosanct from interference while invoking revisional jurisdiction under S. 115, C.P.C. Citation Name: 2023 CLC 1839 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MANAN VS BAKHTI ALI O. VII, R. 7---Relief to be specifically stated---"General or other relief", explained---Scope---It is duty of the Court to consider the prayer in juxtaposition with the contents of the plaint and to grant the relief in terms of the prayer clause irrespective of the fact that it was specifically mentioned therein or not. Citation Name: 2023 CLC 1839 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MANAN VS BAKHTI ALI art. 15---Freedom of movement---Preserving unobstructed access to public property---Scope---No one can be allowed to create any hindrance in public property, street, road, thoroughfare or footpath or to obstruct anyone from the use of it as passage---any such act would amount to encroachment in the public property and shall be dealt in accordance with law. Citation Name: 2023 CLC 1839 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MANAN VS BAKHTI ALI Ss.54 & 55---Suit for mandatory and perpetual injunction---Encroachment on public property---Privacy of residence---Scope---Petitioners filed a suit for mandatory and perpetual injunction, claiming that the disputed road was a public thoroughfare and that they had every right to use it---Trial Court and the Appellate Court concurrently dismissed the suit---Validity---Once the respondents had admitted that the road was a public path/road, the petitioners could not be restrained from using it---Similarly, the respondents had no authority to restrain anyone else from using the road, regardless of whether it passed by their houses or through the middle of the abadi---It was the responsibility of the respondents to make arrangements for their own privacy---If the road had indeed been a private path leading to the houses of the respondents, their actions could have been justified---However, since it was a public path/thoroughfare, anyone, including the petitioners, had an equal right of passage just as the respondents did---Courts below failed to properly appreciate the evidence in its true perspective; and their findings were based on misreading and non-reading of the record---Concurrent findings not only went against the law but also against the factual information present in the record---Revision petition was allowed, judgments and decrees of both lower courts were set aside, and the suit filed by the petitioners was decreed, in circumstances. Citation Name: 2023 CLC 1839 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MANAN VS BAKHTI ALI administration of justice requires that justice should not only be done but it should be seen to have been done.

Citation Name: 2023 CLC 1839 PESHAWAR-HIGH-COURTBookmark this Case ABDUL MANAN vs BAKHTI ALI S — 2023 CLC 1839 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 CLC