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Initializing Secure Chambers
Petitioner: Maj. (Retd.) EJAZ AHMAD VS Respondent: KHALID MAHMOOD SINDHU
Court Name: Supreme Court of Pakistan Judge(s): Saleem Akhter, Shafi-ur-Rehman Title: Maj. (Retd.) EJAZ AHMAD vs KHALID MAHMOOD SINDHU Case No.: C.R. No, 90 of 1993 Civil Petition for Leave to Appeal No, 193 of 1993 Date of Judgment:1993-10-20 Reported As: 1994 SCMR 449 Result: Order accordingly
Judgment ORDER ' SHAFIUR RAHMAN, J.---Notice had issued in this case to the respondent calling upon him to show cause why the petition be not converted into an appeal and accepted to the extent that raising of construction over the plot after the institution of the suit and notice to him should be taken to be on his own risk and he should be prevented from alienating the disputed property meanwhile. 2. The office record shows that notice had issued to him in proper time and it must be taken that he would have been served with it. He is not present. Therefore, we proceed to convert this petition into an appeal. Accept the same to the extent that an interim order shall issue pending the suit that the construction made by the respondent shall be at his own risk and that he shall not alienate the disputed property meanwhile. Merits are not being examined in any greater detail because there may be yet opportunity for the respondent to appear and show satisfactory cause for his non- appearance and to argue further on the merits of the relief to be granted.