| Case ID |
225afbfd-2986-4141-acd5-f1e23a76232a |
| Body |
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| Case Number |
D-2741 of 2016 |
| Decision Date |
May 18, 2016 |
| Hearing Date |
Mar 12, 2014 |
| Decision |
The court dismissed the applications filed by the plaintiff seeking permission to construct a boundary wall on the suit property as premature. The plaintiff's claims regarding possession and ownership of the land remain contested, and no conclusion could be drawn in favor of either party without a final adjudication. The court emphasized that the rights of the parties concerning the land could only be determined through a judgment and decree, and the plaintiff must establish his possession to prove any violation of the court's order. |
| Summary |
In the case between Fazalerabbi and the Plant Protection Department of the Government of Pakistan, the Sindh High Court addressed issues relating to property ownership and the right to construct on a disputed plot of land. The plaintiff, Fazalerabbi, claimed to have purchased the land and sought permission to raise a boundary wall. However, the defendants contested this claim, asserting long-term possession. The court ruled that the plaintiff's request was premature, emphasizing the need for a thorough examination of ownership and possession rights before allowing any construction. The decision highlights critical aspects of property law, particularly regarding interim injunctions and the necessity of final adjudication in disputes over land rights. This case underlines the importance of legal representation in property disputes and the complexities involved in establishing ownership and possession in court. Relevant laws cited include the Civil Procedure Code and the Specific Relief Act, which govern the procedures for seeking relief in civil cases. The ruling serves as a precedent for similar property disputes, illustrating the necessity of clear evidence and legal arguments in court proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD IQBAL KALHORO
|
| Lawyers |
Khawaja Shamsul Islam,
Zia ul Haq Makhdoom,
Salman Talib-ud-Din
|
| Petitioners |
FAZALERABBI
|
| Respondents |
PLANT PROTECTION DEPARTMENT OF GOVERNMENT OF PAKISTAN through Director General and 3 OTHERS
|
| Citations |
2016 SLD 3138 = 2016 MLD 981
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877),
Contempt of Court Ordinance 2003 and 2005
|
| Sections |
94,
151,
O. XXXIX, R. 2(3),
42,
4,
5,
6
|