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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD ASLAM VS Respondent: MUHAMMAD KHAN and another
Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Muhammad Arif Title: MUHAMMAD ASLAM vs MUHAMMAD KHAN and another Case No.: Civil Petition for Leave to Appeal No,723-L of 1998 F.A.O. No,2 of 1998 Date of Judgment:1998-06-09 Reported As: 1999 SCMR 2267 Result: Petition dismissed
Judgment ORDER ' The sole grievance of the petitioner is that he has not been allowed the interim injunction without considering the plea that he is in possession of the disputed land in terms of the oral agreement. 2. However, it is not denied that the learned Judge in Chambers of the Lahore High Court, Lahore has specifically made a mention to the availability of a chance to the petitioner to lead whatsoever evidence he wants to, during the trial of the suit. It was also rightly held that the oral agreement claimed by the appellant having been denied by the other side, there did not exist any prima facie case for temporary injunction and in these circumstances, the learned Court below did not commit any error in rejecting the application under order 39 Rules 1 and 2 of C.P.C." 3. The instant petition is sans merit and liable to be dismissed. Order accordingly. Leave is refused.