Mrs. SAMINA YAQUB vs JALIL AHMED KAPOOR S — 2023 YLR 2499 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 2499 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: Mrs. SAMINA YAQUB vs JALIL AHMED KAPOOR S
Subject matter: Civil
Provisions referred to: S. 278---C; Civil Procedure Code (V of 1908)

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

Mrs. SAMINA YAQUB VS JALIL AHMED KAPOOR S. 278---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Interim injunction, refusal of---Appellant/ plaintiff filed suit for administration claiming that suit properties were part of estate left behind by deceased father of parties---Application under O. XXXIX, Rr. 1 & 2, C.P.C. filed by appellant/ plaintiff was dismissed by Single Judge in Chambers of High Court---Validity---Injunctive relief sought by appellant/ plaintiff was in respect of properties, which were not in the name of deceased predecessor-in-interest of parties---On the face of record, properties in question could not be treated as part of the estate left behind by their deceased predecessor-in-interest to be further distributed among all legal heirs---Issuance of any interim injunction at present stage of proceedings had been rightly declined---There was no sufficient material produced by appellant/plaintiff to make out a prima-facie case for grant of any injunctive relief in subject suit, which prima-facie involved issue of limitation besides other legal impediments to the claim of Benami or to dispute the validity of gift and transfer of properties through registered documents---Intra Court Appeal was dismissed, in circumstances.

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