MUHAMMAD ISMAIL vs MUHAMMAD SADDIQ AND 7 Other — 1971 SCMR 653

Citation: 1971 SCMR 653

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-04

Parties: MUHAMMAD ISMAIL vs MUHAMMAD SADDIQ AND 7 Other

Headnotes

Case cited as 1971 SCMR 653

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: MUHAMMAD ISMAIL vs MUHAMMAD SADDIQ AND 7 Other Case No.: Civil Petition for Special Leave to Appeal No. 92 of 1971 Date of Judgment:1971-10-04 Reported As: 1971 SCMR 653 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.---This is a petition for special leave to appeal from an order of a learned Single Judge of the Lahore High Court in an application under section 115 of the Code of Civil Procedure. The parties in this case are sharers of the canal water from Moga No. 220/R of Chak No. 47/BD in Sub-Tehsil Yazman, District Bahawalpur. The present petitioner and the predecessors-in-interest of respondents Nos. 4 to 8, it appears, applied to the Superintending Engineer sometime in 1969 for the supply of additional water for the purposes of a garden. The Superintending Engineer sanction--ed this on the-21st May 1969, and in accordance with it the warabandi was re-fixed by the Divisional Canal Officer on 15-10-1970. The respondents Nos. 1 to 3 being aggrieved by these orders filed a declaratory suit in the Court of the Administrative Civil Judge, Bahawalpur, and also prayed for a permanent injunction. Along with this suit they also made an application for a temporary injunction. The trial Court granted the interim injunction on the 19th December 1970, but in appeal the interim order was set aside by the District Judge of Bahawalpur. From this order respondents Nos. 1 to 3 came…

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