IMAMDAD KHAN AND 7 Others vs Syed MOHAMMAD ILYAS AND 2 Other — 1971 SCMR 581

Citation: 1971 SCMR 581

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-01-29

Parties: IMAMDAD KHAN AND 7 Others vs Syed MOHAMMAD ILYAS AND 2 Other

Headnotes

Case cited as 1971 SCMR 581

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: IMAMDAD KHAN AND 7 Others vs Syed MOHAMMAD ILYAS AND 2 Other Case No.: Criminal Appeal No. K-1 of 1970 Date of Judgment:1971-01-29 Reported As: 1971 SCMR 581 Result: Appeal accepted JUDGMENT JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of the West Pakistan High Court, Karachi Bench, in Criminal Revision Application No. 101 of 1969,: dated the 23rd July 1969. By this order, a learned Single Judge of the High Court vacated the interim order dated the 7th July 1969 and dismissed the application for stay of the pro--ceedings under section 145, Cr. P. C. The dispute between the parties is in respect of Survey Nos. 928, 960, 963, 96.1, 962, 964, 965, 937, 938, 940, 1136, 1144 and 1210 of Deh Gahno Kalhoro, Taulks and District Khairpur Mirs. The appellants' case is that they purchased these lands between 14th May 1968 and 20th August 1968 and were put in their possession by their predecessor-in-title. It appears that respondents Nos. 1 and 2 were interfering with the possession of the appellants. Thereupon, the appellants filed six suits in the Court of Civil Judge, 1st Class, Khairpur Mirs for declaration and injunction of their right and title in the said property. Between 27th August 1968 and 21st February 1969, the appellants succeeded in getting interim injunction from the said Court against respondents Nos. 1 and 2.…

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