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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MAKROO alias CHAHAT VS Respondent: Haji SHAN MUHAMMAD and 9 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal, Syed Usman Ali Shah Title: MAKROO alias CHAHAT vs Haji SHAN MUHAMMAD and 9 others Case No.: Civil Petitions for Leave to Appeal Nos.1167 and 1168 of 1988 Date of Judgment:1989-02-21 Reported As: 1989 SCMR 1051 Result: Leave to appeal granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendants' side in suits pending before a Civil Court, against the acceptance by the High Court, of respondents/plaintiffs' Civil Revisions. The revisions had arisen out of refusal by the trial Court to grant temporary injunction in favour of the respondent/plaintiffs' side. The appellate Court had affirmed the orders of refusal. The High Court in its revisional jurisdiction has reversed the lower Courts' orders, therefore, these two petitions for leave to appeal. ' Learned counsel for the petitioner has contended with respect, that the learned Judge in the High Court has fallen into error, because the effect of the acceptance of the revisions by the High Court is that the effectiveness of the earlier orders passed by the Supreme Court in this matter has been nullified through the act of the High Court. We after hearing the learned counsel for the respondents/caveator on the point, feel satisfied that the contention raised by the learned counsel for the petitioner has, prima facie, force. This and other questions raised in these petitions require examination. Leave to appeal, accordingly, is granted. ' No security. ' The impugned judgment/orders shall remain suspended as earlier ordered. The appeals shall be prepared on the present record with direction for filing of all additional documents which would be necessary for the disposal of the appeals. ' Leave to .