2012 PLP 1759 (CLC)

MUNIR AHMED CHAUDHARY, J.

This appeal has been filed against the judgment and decree passed by the learned Reference Judge Mirpur dated 6-1-2011, through which the reference filed by the appellant was dismissed.

2. Brief facts giving rise to the present appeal are that appellant Abdul Rauf filed a reference before the learned Reference Judge Mangla Dam Raising Project Mirpur stating therein that compensation of land measuring 09 kanals and 06 marlas was assessed in the names of appellant/petitioner and the non-petitioners Nos.10 to 14 (brothers and sisters of the appellant). The appellant claimed that his late father Sherbaz privately partitioned his estate situated at village Thanpal Tehsil Dadyal and abroad between the appellant and his brothers and sisters. The appellant was a sole owner of the said land acquired. The learned Reference Judge Mirpur, after hearing the parties, declared that appellant/petitioner and his brothers and sisters are legal heirs of their deceased father. If there was any will it cannot be made in favour of one of the heirs until rest of the heirs voluntarily consent to that will. The land was never partitioned between the petitioner and his brothers and sisters. So, all the legal heirs in whose name the compensation was assessed are entitled for that compensation. The learned Reference Judge dismissed the said reference for want of proof.

3. Through a separate application, appellant prayed to issue an interim injunction against all the respondents, which was issued subject to objections from the other side. Respondents No.10 to 14 submitted objections stating therein that appellant has got no arguable case based on sound footing. Balance of convenience also lies in favour of the respondents. It was prayed on behalf of the respondents to vacate the interim injunction.

4. Arguments were advanced by the learned Counsel for the parties who only repeated their versions as taken in the pleadings. After hearing the arguments, I have gone through the record minutely. The record reveals that appellant and respondents Nos.10 to 14 are real brothers and sisters. The estate situated at village Thanpal Tehsil Dadyal of their deceased father was never partitioned privately or legally before. All of them are legal heirs of their deceased father. The compensation of the acquired land legally owned by all of them has been assessed in their names so, all of them are entitled for the compensation assessed to the extent of their legal shares in the said acquired land. The appellant has got no arguable case, balance of convenience does not lie in his favour and if the interim injunction is issued against the official and private respondents, then the brothers and sisters of the appellant shall suffer an irreparable loss. They cannot be deprived of the compensation for which they have been declared entitled by the concerned authorities. If at all, the version taken by the appellant is accepted by any competent forum, he will be at liberty to approach any proper forum for his redressal. In the light of what has been stated above, the interim injunction issued against the respondents is hereby vacated. HBT/31/H.C.(AJ&K) Interim injunction vacated.