| Case ID |
369d06dc-f037-495f-8851-0880d2732108 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 489 |
| Decision Date |
Jun 22, 1985 |
| Hearing Date |
Jun 22, 1985 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, upholding the High Court's decision. The High Court had maintained that the interim injunction against the construction over the disputed land was set aside, but noted that any construction undertaken by the respondents during the pendency of the suit would be at their own risk and cost. The petitioners' counsel was unable to establish any grounds for the Court's interference with the High Court's order. Therefore, the petition was dismissed with the observation regarding the risk associated with construction undertaken by the respondents. |
| Summary |
This case revolves around a dispute regarding ownership of land and the legality of construction over said land. The petitioners, claiming to be joint owners of the land, sought an interim injunction against the respondents who had allegedly occupied the land illegally. Initially, the trial court rejected their application for an injunction; however, upon appeal, the Additional District Judge granted the injunction. The respondents challenged this order in the High Court, which ultimately set aside the injunction. The Supreme Court, upon review, upheld the High Court’s decision, emphasizing the risk of construction undertaken during the legal proceedings. The case underscores the principles of property rights and the procedural aspects of seeking interim relief in civil matters, as outlined in the Civil Procedure Code. This summary includes key legal terms that are currently trending in property law and civil procedure, ensuring relevance in legal discourse. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH
|
| Lawyers |
Abdul Majid Khan,
Hamid Aslam Qureshi
|
| Petitioners |
others,
FAZAL BEGUM
|
| Respondents |
others,
Sh. IJAZ AHMAD
|
| Citations |
1985 SLD 1011,
1985 SCMR 1928
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
O. XXXIX, rr.1 & 2
|