Syed Najam Raza Naqvi vs Mst — 2026 YLR 1023 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 1023 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Syed Najam Raza Naqvi vs Mst
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

Syed Najam Raza Naqvi VS Mst. Badar Jahan Ss. 39, 42 & 54---Civil Procedure Code (V of 1908), S. 115 & O.XXXIX, Rr. 1 & 2---Suit for cancellation of documents, declaration and injunction---Interim injunction---Revisional jurisdiction---Maintainability---Applicant /defendant was aggrieved of grant of interim injunction by Trial Court in favour of respondent / plaintiff, which was assailed before High Court in exercise of revisional jurisdiction--- Validity--- Order in question basically stated that as the Survey Superintendent contradicted himself and admitted that there might exist an overlap of location of properties in question, prima facie case for injunctive relief was made out--- Such order could not be considered as special circumstances where Trial Court had either assumed a jurisdiction not vested init or had failed to exercise or declined to assume a jurisdiction vested in it by law or had taken a procedural step or had omitted to take aprocedural step which was contrary to a mandatory provision of law or had taken procedural step pursuant to law which was directory in nature and applicant / defendant was prejudiced--- High Court declined to exercise revisional jurisdiction as the application was not maintainable for there existed no special circumstances--- Revision was dismissed in circumstances

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