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1990 CLC 897

Mirza ABDULLAH ANWAR BEG vs MAHMOOD HAMID BHATTI And 4 OTHER

Citation1990 CLC 897
CourtLahore High Court
Case No.First Appeal from Order No.88 of 1989
Date1989-09-12
Judge(s)Munir A. Sheikh
ResultOrder accordingly

The only prayer made in this appeal by the appellant is that respondents 1 to 4 be restrained from alienating the property till the disposal of the suit from which this appeal has arisen. Learned counsel for respondents 1 to 4 submitted that after the order of the learned trial Court impugned in this appeal was- passed, but before this appeal was filed the said respondents have already alienated the property to some other party which factual position could not be controverted by the learned counsel for the appellant. Since according to their own showing respondents 1 to 4 have already alienated the laid, there is no apprehension for its further alienation at their instance. This appeal seeking restrained order against respondents 1 to 4 therefore has become infructuous, which is hereby disposed of as such.

2. It will be open to the appellant to make an application before the learned trial Court in the suit for impleading the said party to whom respondents 1 to 4 sold the land as one of the defendants and make an application for temporary injunction restraining them from alienating the land which if made shall be disposed of in accordance with law, on its own merits. There will be no order as to costs.

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