FAQIR MUHAMMAD vs MUHAMMAD YOUNAS O — 2023 YLR 473 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 473 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: FAQIR MUHAMMAD vs MUHAMMAD YOUNAS 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

FAQIR MUHAMMAD VS MUHAMMAD YOUNAS O.XXXIX, Rr. 1 & 2---Specific Relief act (I of 1877), Ss. 42, 54 & 55---Suit for declaration, mandatory and permanent injunction---Interim injunction, grant of---Scope---Petitioner assailed the concurrent dismissal of his application under O.XXXIX, Rr. 1 & 2, C.P.C.---Validity---Petitioner was seeking stay to the extent of property mentioned in the plaint, which as per his contention, was recorded in his favour as inherited property and separate (Tatima) also existed, inquiry conducted on the application of the petitioner in revenue hierarchy, prima facie was in favour of the petitioner---No justification before the fora below to reject the request of petitioner for grant of ad-interim stay, as prima facie, the petitioner had made out a case in his favour---Impugned orders passed by the courts below were set aside and the application so filed by the petitioner was allowed.

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