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1999 SCMR 2267

MUHAMMAD ASLAM vs MUHAMMAD KHAN and another

Citation1999 SCMR 2267
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,723-L of 1998 F.A.O. No,2 of 1998
Date1998-06-09
Judge(s)Irshad Hasan Khan, Muhammad Arif
ResultPetition dismissed

ORDER

' The sole grievance of the petitioner is that he has not been allowed the interim injunction without considering the plea that he is in possession of the disputed land in terms of the oral agreement.

2. However, it is not denied that the learned Judge in Chambers of the Lahore High Court, Lahore has specifically made a mention to the availability of a chance to the petitioner to lead whatsoever evidence he wants to, during the trial of the suit. It was also rightly held that the oral agreement claimed by the appellant having been denied by the other side, there did not exist any prima facie case for temporary injunction and in these circumstances, the learned Court below did not commit any error in rejecting the application under order 39 Rules 1 and 2 of C.P.C."

3. The instant petition is sans merit and liable to be dismissed. Order accordingly. Leave is refused.

Cited by 3 cases

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