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Petitioner: GHULAM MOHYUDDIN VS Respondent: MUHAMMAD MUSHTAQ
1988 S C M R 1334
1988 S C M R 1334
Present: Muhammad Afzal Zullah and Javid Iqbal, JJ
GHULAM MOHYUDDIN through Legal Heirs‑‑Petitioner
versus
Sheikh MUHAMMAD MUSHTAQ‑Respondent
Civil Petition for Leave to Appeal No.197 of 1988, decided on 27th April, 1988.
(On appeal from the judgment dated 9‑2‑1988 of the Lahore High Court, Lahore, passed in Civil Revision No.637 of 1985).
Civil Procedure Code (V of 1908)
‑‑‑O.XXXIX, Rr.l & 2‑‑Constitution of Pakistan (1973), Art.185(3)‑ Grant of temporary injunction by Appellate Court‑‑High Court refused to exercise revisional jurisdiction on question of a temporary injunction‑‑Leave to appeal refused by Supreme Court against order of High Court with observation that orders of higher Courts would not influence the decision of suit on merits.
Abdullah Khan Dogar, Advocate Supreme Court and Syed Abdul Aasim Jafri, Advocate‑on‑Record for Petitioner.
Amir Alam, Advocate Supreme Court and M.A. Qureshi, Advocate‑on‑Record for Respondent.
Date of hearing: 27th April, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought from order, dated 9‑2‑1988 of the Lahore High Court; whereby petitioner's Civil Revision, arising out of grant of temporary injunction by the appellate Court in favour of the respondent /plaintiff, was dismissed.
2. After hearing the learned counsel, we do not consider it a fit case for interference with refusal to exercise revisional jurisdiction by the High Court on the question of a temporary injunction. It is however, clarified that the orders of the higher Courts shall not influence the decision of the suit on merits.
3. This petition, with the foregoing observations, is dismissed.
M.B.A./G‑101/S Petition dismissed.