MIAN BURHANUDDIN KHAN, J.--Nazar Hussain appellant filed this apple--cation for restraining the respondents from raising construction over the suit land pending disposal of the Appeal No. 133 of 1982.
2. A gift was created by Qasim son of Mehr of -- share of land measur--ing 10 Kanals and 17 Marlas in favour of Shah Sawar predecessor-in-interest of the present respondents vide gift deed dated 31-12-1958. A suit was brought by Nazar Hussain for joint possession under the customary law on the ground that the donor was not competent to make the gift which was decreed vide judgment dated 15-11-65 of the learned Civil Judge, Gujar Khan. Shah Sawar filed an appeal but the same was dismissed by the learned Additional District Judge, Rawalpindi. Then R. S. A. No. 91 of 1967 was filed but the same was also dismissed by the Lahore High Court and then leave was granted by this Court vide order dated I1-10-1982.
3. Learned counsel for the appellant has urged before us that the respondents have chalked out a programme to raise construction over the suit land and for this purpose they have collected all the material and if they succeed in raising the construction the appellant would suffer irreparable loss and thus prayed for a directive to restrain the respondents to raise the afore--said construction.
4. Learned counsel for the respondent was also present and heard. We consider that in the interest of justice, status quo should be maintained. No construction shall, therefore, be raised on the disputed land until the decision of the appeal.