Shaheed Shah Inayat Village vs Ashiq Hussain Vighio Ss — 2024 YLR 2738 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 2738 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: Shaheed Shah Inayat Village vs Ashiq Hussain Vighio Ss
Subject matter: Civil
Provisions referred to: 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

Shaheed Shah Inayat Village VS Ashiq Hussain Vighio Ss.42 & 54---Civil Procedure Code (V of 1908), O. VII, R.11---Suit for declaration and injunction---Rejection of plaint---Cause of action---Appellants/ plaintiffs were aggrieved of construction work on an amenity land---Trial Court rejected the plaint---Appellants / plaintiffs in their memo of appeal stated that they did not assert ownership over, nor sought to repurpose the amenity land for private or commercial use---Appellants / plaintiffs supported construction of designated public facilities but averred that such amenities should remain within the area allocated for them and not encroach upon adjacent village land---Held, that amenity land was designated for girls' college, public park and graveyard and neither formed part of adjacent village land nor could the latter lay any claim over it---Karachi Development Authority (KDA) had been tasked with the construction of the public park, which work was ongoing---Division Bench of High Court set aside the order passed by Judge in Chambers of High Court and restored the plaint---Appeal was allowed accordingly.

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