| Case ID |
3854094d-c986-40a9-8802-9c50b07d636b |
| Body |
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| Case Number |
F.A.O. No.237 of 2009 |
| Decision Date |
Jul 29, 2009 |
| Hearing Date |
Jul 29, 2009 |
| Decision |
The appeal filed by the appellant, Ejaz Ahmad, against the order dated 10-6-2009 of the learned Civil Judge 1st Class, Wazirabad, was dismissed. The court found that the appellant and respondents are real brothers and joint owners of the disputed land. The court determined that the respondent No.1 had a prima facie case for the grant of a temporary injunction based on an agreement dated 20-11-2008, which was executed in favor of one of the brothers. The court emphasized that the conditions for granting such an injunction—namely, prima facie case, balance of convenience, and irreparable loss—were satisfied. The court ruled that the temporary injunction was rightly granted, and thus, the appeal could not be maintained. |
| Summary |
This case revolves around a civil dispute regarding the grant of a temporary injunction in a suit for specific performance of an agreement between real brothers concerning joint ownership of land. The Lahore High Court upheld the decision of the trial court, which had granted the temporary injunction based on the existence of an agreement to sell dated 20-11-2008. The court noted that the agreement was contested by the appellant, who claimed it was fictitious, but the evidence presented, including a written statement from one of the brothers admitting the payment of Rs. 2 crores, lent credibility to the plaintiff's position. The court emphasized the importance of the three conditions for granting a temporary injunction and found that the plaintiff had indeed established a prima facie case, balance of convenience, and potential for irreparable loss. The court's decision highlights the significance of familial relationships in property disputes and the adherence to legal protocols in civil procedure. This case serves as an important reference in understanding the application of the Civil Procedure Code and the Specific Relief Act in injunction cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IQBAL HAMEED-UR-RAHMAN, J
|
| Lawyers |
Mian Nisar Ahmad,
Munir Hussain Bhatti,
Zaheer-ud-Din Babar
|
| Petitioners |
EJAZ AHMAD
|
| Respondents |
,
NAEEM AHMAD
|
| Citations |
2011 SLD 663 = 2011 CLC 860
|
| Other Citations |
Sahibzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 'SC 139,
Puri Terminal Ltd. Karachi v. Government of Pakistan through Secretary, Ministry of Communications and Railways, Islamabad and 2 others 2004 SCMR 1092
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
O.XXXIX,r.1,
O.XXXIX,r.2,
S.12
|