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Petitioner: Haji AZIZ MUHAMMAD VS Respondent: Haji JAN MUHAMMAD
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: Haji AZIZ MUHAMMAD vs Haji JAN MUHAMMAD Case No.:Civil Petition for Special Leave to Appeal No. 1324 of 1982 Civil Revision No.
340/83 Date of Judgment:1984-03-17 Reported As: 1985 SCMR 168 Result: Petition dismissed Judgment ORDER 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