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1981 SCMR 227

Haji DIN MUHAMMAD vs MUHAMMAD LATIF

Citation1981 SCMR 227
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 608 of 1980
Date1980-11-15
Judge(s)Muhammad Haleem, Karam Elahi Chauhan
ResultPetition dismissed

ORDER

KARAM ELAHEE CHAUHAN, J.-This is a petition for special leave to appeal against an order dated 2-4-1980, whereby the High Court dismissed Civil Miscellaneous Application No. 2058/C/80, in a Civil Revision No. 504/13/79 which is still pending in that Court, By dismissing the aforesaid Miscellaneous Application, the High Court refused to issue any ad interim injunction to restrain the respondent from alienating the land in dispute till the decision of the revision petition, Even earlier thereto the High Court had refused the aforesaid prayers on 19-1-1980 and 10-7-1979.

2. The reason given by the High Court in its impugned order dated 2-4-1980 was that the petitioner had not come to the High Court with clean bands inasmuch as he all along gave the impression that he was in physical possession of the property in dispute, though it had later on transpired that this was not so and that he was only in symbolic possession. In its earlier order dated 10-7-1979, the High Court had observed that there was no necessity to issue any temporary injunction to restrain the respondent from alienating the suit property inasmuch as if any sale was to be made that obviously would remain subject to the result of the litigation which was pending between the parties.

3. Learned counsel for the petitioner could not point out any error of facts or of law in the impugned order of the High Court. Issuance of a temporary injunction was in the discretion of the High Court and if in the circumstances above explained it did not consider fit to exercise that discretion in favour of the petitioner, that is no ground by itself to grant special leave to appeal.

4. 'The result is that this petition has no merit and is dismissed.

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