2018 CLCN 65 KARACHI-HIGH-COURT-SINDH

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SHAKILA IFTIKHAR VS MUHAMMAD YAHYA QURESHI Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 151---Suit for declaration and injunction---Administration of justice---Deposit of monthly rent--- Plaintiff and defendant were sister and brother inter se---Plaintiff claimed to be ostensible owner of suit property whereas defendant had sought ejectment of plaintiff from suit property---High Court, while granting interim injunction, specifically directed that if defendant would succeed in his eviction proceedings then he, before invoking implementation of the same or instituting any execution proceedings before Rent Controller, should first make an appropriate application in the suit---Effect---Dispute between parties was not as simple as it was stated by defendant's side---High Court directed to expedite proceedings in the matter and parties should get evidence recorded, instead of making interlocutory application, which had an element of creating complexity and causing delay---Application was dismissed in circumstances.