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1987 MLD 284

BAHAUD DIN vs SHAHID HUSSAIN MALIK

Citation1987 MLD 284
CourtSindh High Court
Case No.Revision Application No. 311 of 1986
Date1986-10-26
Judge(s)Muhammad Zahoor-ul-Haq
ResultRevision dismissed

ORDER

1. ' This revision is not competent as I do not find any justification to interfere with the orders of the lower Court, who has refused to issue injunction in favour of the applicant. The applicant had claimed easement/necessity rights in respect of sewerage lines and other necessities enjoyed by the applicant in respect of the disputed plot. The injunction could have been claimed only when such rights were actually intended to be affected by the respondent by raising some sort of construction. But a construction has not been raised or intended to be raised so far by the respondent and, therefore, the injunction application in respect of the necessity rights was premature. The applicant should have waited till such time that his rights were actually adversely, affected or seriously intended to be affected and then alone it could be said that the petitioner has a subsisting right to injunction. In the present circumstances, injunction prayer was premature and, therefore, it was rightly rejected. This revision is, therefore, dismissed.

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