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Citation Name: 2024 YLR 163 PESHAWAR-HIGH-COURTBookmark this Case GUL YAR vs IZZAT GUL Ss — 2024 YLR 163 PESHAWAR-HIGH-COURT

Case information

Citation
2024 YLR 163 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 163 PESHAWAR-HIGH-COURTBookmark this Case GUL YAR vs IZZAT GUL Ss
Subject matter
Civil
Provisions referred to
S. 115; 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

Citation Name: 2024 YLR 163 PESHAWAR-HIGH-COURTBookmark this Case GUL YAR VS IZZAT GUL Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Civil Procedure Code (V of 1908), S.115 & O.XXXIX, Rr. 1, 2---Suit for declaration and injunction---Interim injunction, refusal of---Unregistered document---Proof--- Onus to prove--- Petitioner/ plaintiff claimed that thoroughfare situated on southern side of his purchased property was converted to Kacha Road and the same was given in his ownership---Both the Courts below declined to grant interim injunction in favour of petitioner/plaintiff---Validity---Party who is relying on a specific deed or document of title in respect of his ownership, he/she has to prove the same through cogent and trustworthy evidence---Deed produced by petitioner/ plaintiff on one hand was scribed on a plain paper and on the other the same was an unregistered document/deed---For grant of temporary injunction under O. XXXIX, Rr. 1 & 2 C.P.C., petitioner/ plaintiff was required to establish existence of three, essential ingredients i.e. prima facie case, balance of inconvenience and irreparable loss if interim injunction was not granted in his favour---Petitioner/plaintiff failed to establish such ingredients---High Court declined to interfere in the orders and judgments passed by two Courts below---Revision was dismissed, in circumstances.

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