| Case ID |
03e410ce-1901-4c7c-af36-cd1f243cfed1 |
| Body |
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| Case Number |
High Court Appeal No. 106 of 2012 |
| Decision Date |
Sep 12, 2012 |
| Hearing Date |
Aug 13, 2012 |
| Decision |
The appeal was dismissed by the Division Bench of the High Court, which upheld the interim injunction granted by the Judge in Chambers. The court found that the defendants had not convincingly established that they had completed 90% of the construction on the disputed land. The judge noted that even if the construction was nearly complete, allowing it to continue could create third-party interests, which the plaintiff sought to prevent. The court emphasized the need to maintain the status quo to protect the plaintiff's rights until the matter is fully adjudicated. Consequently, the court declined to interfere with the interim injunction. |
| Summary |
This case revolves around a dispute over leasehold rights to a 5-acre land parcel located in Deh Mochko, Karachi. The plaintiff, who claimed to have been granted a 30-year lease starting from 1983/84, faced cancellation of this lease by the authorities, subsequently leading to a new lease being granted to the defendants. The plaintiff sought a declaration of ownership, cancellation of the defendants' lease, and an injunction against further construction on the land. The High Court's ruling emphasized the importance of maintaining the status quo during legal proceedings to prevent irreparable harm, particularly as the defendants claimed significant progress in construction. The decision highlighted the legal principles under the Civil Procedure Code and the Specific Relief Act, which govern injunctions and property rights. The case underscores the complexities involved in land disputes and the need for careful legal scrutiny to protect the rights of all parties involved. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID ANWAR BAJWA,
AFTAB AHMED GORAR
|
| Lawyers |
Muhammad Yaseen Azad,
Naleymitho alias Ishaque Kubar,
Ahmed Pirzada
|
| Petitioners |
ANOTHER,
SHAH MUHAMMAD
|
| Respondents |
7 OTHERS,
MALIK SOHAIL KHAN THROUGH LAWFUL ATTORNEY
|
| Citations |
2013 SLD 1379,
2013 MLD 314
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
O.XXXIX,Rr.1,2,
42,
54
|