Citation Name: 2025 MLD 1371 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Yousuf vs Province of Sindh, through Secretary, Revenue Department, Hyderabad Ss — 2025 MLD 1371 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 1371 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Citation Name: 2025 MLD 1371 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Yousuf vs Province of Sindh, through Secretary, Revenue Department, Hyderabad Ss
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

Citation Name: 2025 MLD 1371 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Yousuf VS Province of Sindh, through Secretary, Revenue Department, Hyderabad Ss. 12 & 42---Constitution of Pakistan, Art. 1990---Suit for specific performance filed by the petitioner (vendee), pendency of --- Interim relief qua the suit property granted by the civil court---Continued illegal construction on the suit property by the vendor alleged---Simultaneously invoking Constitutional jurisdiction of the High Court---Abuse of process of the court---Scope---High Court declined to interfere in the matter given the pendency of suit for specific performance and condemned the act of the petitioner of using the court as a tool to get favourable order---Such practice was highly deprecated---Held: Since the suit had been pending between the parties, where title was disputed, prima facie, it appeared that the present petition was just an attempt by the petitioner to get favourable order and to pressurize the respondents to compel them to decide the suit in his favour ---High Court strongly condemned such act of petitioner for the reason that he was using the court as tool to get favourable order in suit, which practice was highly deprecated---Without going into the factual controversy, the present petition was disposed of with direction to respondent No.3 (Regional director, Sindh Building Control Authority) to decide any pending application after hearing all the concerned strictly in accordance with law---While disposing of the petition it was made clear that the Trial Court where the suit was pending would not be influenced with the order of the High Court and would decide the suit strictly in accordance with law---The petition was disposed of, in circumstances.

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