| Case ID |
d7b9439a-6350-4482-8946-99b9f42d73cb |
| Body |
View case body. Login to View |
| Case Number |
Civil Revisions Nos. 530 and 492 of 1998 |
| Decision Date |
Dec 03, 1998 |
| Hearing Date |
Dec 03, 1998 |
| Decision |
The Lahore High Court dismissed both civil revision petitions, upholding the interim arrangements made by the lower courts regarding the management of the Darbar Hazrat Ghaus Pak Noorani. The court found that the arrangements were just and proper, taking into account the interests of both parties involved. The petitioner, Makhdoom Syed Waris Ghaus Shah, had claimed exclusive rights based on an alleged will from his deceased father, while the respondents contested the validity of this will and sought to assert their own rights to the Darbar's management. The ruling emphasized that the trial court's duty is to address all relevant legal and factual issues before rendering a final verdict, and the court recognized the need for maintaining the status quo during the ongoing litigation. The decision reinforced the importance of judicial discretion in interim matters, ensuring protection for all parties until a comprehensive resolution could be achieved. |
| Summary |
This case revolves around the management and control of the Darbar Hazrat Ghaus Pak Noorani, following a dispute among the heirs of Syed Abdul Qadir Shah. The petitioner, Makhdoom Syed Waris Ghaus Shah, claimed to be the Sajjadah Nashin based on an alleged will, while his brothers contested this claim, leading to multiple suits filed in the lower courts. The Lahore High Court reviewed the interim injunctions and arrangements made by the lower courts, deciding to uphold them as fair and just. The ruling highlighted the significance of maintaining the status quo until all relevant evidence could be presented and the core issues could be resolved. The court's decision to dismiss the revisions emphasized the judicial discretion in managing interim matters, ensuring equitable treatment for all parties involved. This case underscores the complexities of inheritance disputes, especially in religious and cultural contexts, where the management of religious sites is at stake, making it a significant case in civil procedure and family law. |
| Court |
Lahore High Court
|
| Entities Involved |
Darbar Hazrat Ghaus Pak Noorani,
Kila Kohna (Old Fort), Multan
|
| Judges |
ASIF SAEED KHAN KHOSA, J
|
| Lawyers |
Mian Habib-ur-Rehman Ansari,
Shamas-ul-Haq Ansari,
Malik Iqbal Rasool,
Ch. Muhammad Safdar Yaseen
|
| Petitioners |
Makhdoom Syed Waris Ghaus Shah
|
| Respondents |
Syed Ghaus Anwar Shah,
Malik Iqbal Rasool,
Ch. Muhammad Safdar Yaseen
|
| Citations |
1999 SLD 1018,
1999 CLC 1581
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXXIX, Rr. 1, 2, & 5
|