| Case ID |
2df17485-334f-4b2f-9bc5-b3b285029920 |
| Body |
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| Case Number |
Civil Misc. Appeal No. 4 of 1988 |
| Decision Date |
May 29, 1990 |
| Hearing Date |
|
| Decision |
The appeal was partly allowed by the Sindh High Court. The court ruled that the order which restrained the appellants from interfering with the possession of the respondents on the suit land could not be sustained. The court emphasized that it cannot enter into minute details at this stage and must focus on whether the plaintiffs have a prima facie case for the grant of interim injunction. The court maintained the status quo regarding the possession of the suit land until the disposal of the case. The final decision highlighted the need for parties to present their cases with clean hands in light of the existing agreements and the potential for prejudice. |
| Summary |
In the case of Civil Misc. Appeal No. 4 of 1988, the Sindh High Court addressed a dispute over agricultural land ownership involving appellants Asmat Ali Khan and others against respondents Manzoor Ahmad and another. The case revolved around the application for a temporary injunction under the Civil Procedure Code, focusing on the principles for granting such relief. The court underscored the importance of establishing a prima facie case without delving into the intricate details of the agreements involved. The judgment also referenced the necessity for parties to act equitably. The court's ruling partly allowed the appeal, emphasizing the maintenance of status quo regarding the land in question. This case sheds light on the application of temporary injunctions in civil disputes, highlighting key legal principles that govern such matters, which are crucial for legal practitioners and individuals involved in land ownership disputes. The ruling reinforces the need for transparency and fairness in legal proceedings, particularly in cases where substantial financial interests are at stake. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Ahmad Hamidi
|
| Lawyers |
Mr. M.A. Rashid,
Mr. Haji Shah Nawaz Chachai
|
| Petitioners |
,
Asmat Ali Khan,
Wahid Ali Khan
|
| Respondents |
another,
Manzoor Ahmad
|
| Citations |
1990 SLD 124,
1990 PLJ 446
|
| Other Citations |
PLD 1983 Karachi 387
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
12
|