Through this writ petition, the petitioner has challenged the legality of order dated 10.12.2020 passed by the learned Civil Judge, Muzaffargarh who turned down the request of the petitioner for grant of ad-interim injunction and order dated 21.12.2020 passed by the learned Addl. District Judge, Muzaffargarh who dismissed the appeal of the petitioner.
2. Brief facts of the case are that the petitioner filed suit for declaration against the respondents seeking cancellation of general power of attorney No. 126/4 dated 16.06.1986 as well as Mutation No. 1277 dated 24.01.1954 of Mouza Noran Abraind Tehsil & District Muzaffargarh. Along-with the suit, petitioner has also filed an application under Order XXXIX Rules 1 & 2 for grant of ad-interim injunction. The learned trial Court after hearing the preliminary arguments of the learned counsel for the petitioner turned down his request for grant of an ad-interim inunction vide order dated 10.12.2020. Petitioner filed an appeal which was also dismissed by the learned appellate Court vide order dated 21.12.2020. Hence, this writ petition.
3. I have heard the arguments advanced by the learned counsel for the petitioner and gone through the record with his able assistance.
4. Petitioner filed suit for declaration seeking cancellation of general power of attorney No. 126/4 dated 16.06.1986 as well as Mutation No. 1277 dated 24.01.1954 of the suit land situated in Mouza Noran Abraind Tehsil & District Muzaffargarh. Admittedly, Respondent No. 6/defendant No. 4 filed an appeal against inheritance Mutation No. 346 of deceased Kareeman which was accepted by the Assistant Commissioner, Muzaffargarh vide order dated 24.09.2020. Against the said order, the petitioner filed an appeal before the Additional Commissioner, Dera Ghazi Khan which is still pending. The matter in issue is factual in nature which requires recording of evidence of the respective parties. The petitioner has no prima facie case, as such, the balance of convenience and irreparable loss do not tilt in his favour as enunciated under Order XXXIX Rules 1 & 2 of CPC i.e. existence of prima facie arguable case, balance of convenience and irreparable loss or injury, as such, the learned Courts below have rightly turned down the request for grant of interim injunction of the petitioner. Reliance is placed on the cases titled as Mian Muhammad Latif vs. Province of West Pakistan through the Deputy Commissioner, Khairpur & Another (PLD 1970 SC 180). & Amtul Batool & Another vs. Qamar Sultana (PLD 1980 Lahore 647).
5. Learned counsel for the petitioner has not been able to point out any illegality or material irregularity in the impugned orders passed by the learned Courts below and has also not identified any jurisdictional defect. The concurrent findings of facts are against the petitioner which do not call for any interference by this Court in absence of any illegality or any other error of jurisdiction.
Reliance is C placed on the case titled as Zulfiqar Ali vs. Judge, Family Court & 7 others (2007 MLD 1710).
6. For what has been discussed above, this writ petition is dismissed in limine being devoid of any merits.