2021 YLR 1060 KARACHI-HIGH-COURT-SINDH

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SHAHID WAHAB SIDDIQI VS Syed FARHAJ AHMED S. 7---eviction and mode of recovery as an interim relief---Scope---Appellant although not accused but was found to be in possession of the suit property at the time of execution of orders on an application under S.7 of Illegal Dispossession Act, 2005, contended that he was not guilty of the offence of illegal dispossession; that it was mandatory for the Trial Court to have recalled its interim order and that the possession of subject flat should have been restored to him---Held; refusal of the Trial Court to recall the order under S.7 of Illegal Dispossession Act, 2005, was contrary to the well settled principles of law that interim order passed during the trial/proceedings stand merged in the final order---Beneficiary of interim order even after dismissal of his complaint could not enjoy the fruits of such order---Appellant was deprived of possession of the suit property without notice---Appeal was allowed, in circumstances and the Nazir of the Court was directed to put the appellant in possession of the suit property.