SCMR 1985

1985 PLP 168 (SCMR)

Haji AZIZ MUHAMMAD — Petitioner Versus Haji JAN MUHAMMAD — Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Special Leave to Appeal No. 1324 of 1982, decided on 18th March, 1984.
Honorable Judges
Aslam Riaz Hussain and Nasim Hasan Shah, JJ
Case Reference Summary (AEO Optimized)
Citation 1985 PLP 168 (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain and Nasim Hasan Shah, JJ
Parties Haji AZIZ MUHAMMAD — Petitioner Versus Haji JAN MUHAMMAD — Respondent
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1985 PLP 168 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1985 PLP 168 (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Nasim Hasan Shah, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1985 PLP 168 (SCMR) (Haji AZIZ MUHAMMAD — Petitioner Versus Haji JAN MUHAMMAD — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Ch. Muhammad Farooq, Advocate Supreme Court with Syed Inayat Hussain Shah, Advocate-on-Record for Petitioner.
  • Irshad Hassan Qureshi, Advocate Supreme Court with Qamaruddin Meo, Advocate-on-Record for Respondent.
  • Date of hearing: 18th March, 1984.

Headnotes / Summary

(Against the judgment of the Lahore High Court, Lahore, dated 22-11-1983, passed in Civil Revision No. 340/83).

Art. 185(3)--Civil Procedure Code (V of 1908), O.XXXIX, rr.l & 2--Interim injunction--Leave to appeal--Petition relating to interlocutory matter--Three Courts had successively considered and dismissed applica tion for interim injunction--Petitioner had not been able to raise any important question of law requiring decision by Supreme Court nor had he been able to show any defect of law in impugned order--Petition dismissed.

Judgment & Decree

ASLAM RIAZ HUSSAIN, J.-- Haji Aziz Muhammad petitioner seeks leave to appeal against the judgment of the High Court, dated 22-11-1983 dismissing his civil revision against the order of the District Judge, Rajanpur, in an interlocutory matter relating to interim injunction. The facts briefly are that Haji Aziz Ahmad (petitioner) filed a suit against his brother Haji Jan Muhammad for a declaration to the effect that he was owner-in-occupation of the suit land and that the order of his ejectment passed by the Assistant Commissioner, Rajanpur was illegal. Along with the suit he also moved an application under Order XXXIX, rules 1 and 2, C.P.C. for temporary injunction. This application was dismissed by the learned Civil Judge on 18-7-1983. He then filed an appeal against this order which was dismissed by the District Judge, Rajanpur. Feeling aggrieved he filed a civil revision before the High Court. After fully considering the matter the High Court also dismissed the revision. Still not satisfied he has come up to this Court through the present petition.

2. As already observed the petition relates to an interlocutory matter. Three Courts have successively considered and dismissed the application for interim injunction. The petitioner's counsel has not been able to raise any important question of law requiring decision by this Court nor has he been able to show any defect of law in the impugned order. The petition is, therefore, dismissed as being without any merit M . Z . M Petition dismissed