| Case ID |
fff8c4db-732f-4986-b245-ec475798acbc |
| Body |
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| Case Number |
Civil Petition No. 810 of 1983 |
| Decision Date |
Feb 14, 1984 |
| Hearing Date |
Feb 14, 1984 |
| Decision |
The Supreme Court refused to interfere with the High Court's order, which had dismissed the petitioner's application for a temporary injunction but directed the trial court to expedite the case disposal. The High Court had previously instructed that the flour machine and Painja not be operated after sunset and that the case be resolved within three months. The Supreme Court emphasized the need for a quick resolution and directed the trial court to prioritize the suit and report any delays to the Registrar, Lahore High Court, and the Assistant Registrar (Judicial), Supreme Court of Pakistan. |
| Summary |
In a landmark ruling by the Supreme Court of Pakistan, the case between Muhammad Siddique and Mistri Abdul Aziz revolves around a dispute concerning the operation of a flour machine and a Painja that allegedly caused property damage due to vibrations. The petitioner, Muhammad Siddique, sought a permanent injunction against the respondent, who was operating these machines. Initially, the trial court dismissed the temporary injunction request, but the District Judge later granted it. However, the High Court reversed this decision, allowing the machines' operation only during daylight hours. The Supreme Court, after hearing the petitioner's counsel, decided not to interfere with the High Court's decision but stressed the importance of expeditious handling of the case. The case highlights key legal principles under the Constitution of Pakistan and the Civil Procedure Code, emphasizing the judicial system's role in balancing property rights and business operations. This case is pivotal for understanding temporary injunctions and the judicial process's efficiency, making it a significant reference for similar future disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Siddique,
Mistri Abdul Aziz
|
| Judges |
Nasim Hasan Shah,
M.S.H. Quraishi
|
| Lawyers |
Mirza Hafeez ur Rehman,
Ch. Mehdi Khan Mehtab
|
| Petitioners |
Muhammad Siddique
|
| Respondents |
Mistri Abdul Aziz
|
| Citations |
1984 SLD 1017,
1984 SCMR 1536
|
| 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
|