Wadera DALEL KHAN AND 7 Other- vs PROVINCE OF WEST PAKISTAN AND 6 — 1970 PLD 79

Citation: 1970 PLD 79

Court: Balochistan High Court

Year: 1969

Decision Date: 1969-12-31

Parties: Wadera DALEL KHAN AND 7 Other- vs PROVINCE OF WEST PAKISTAN AND 6 JUDGMENT

Headnotes

Case cited as PLD 1970 Quetta 79

Judgment Text

Court Name: Balochistan High Court Judge(s): Shamim Hussain Qadri, Ghulam Rasool K. Sheikh Title:Wadera DALEL KHAN AND 7 Other- vs PROVINCE OF WEST PAKISTAN AND 6 JUDGMENT Reported As: PLD 1970 Quetta 79 Result: Appeal accepted Judgment JUDGMENT SHAMIM HUSAIN KADRI, J.---Plaintiffs brought a suit for ,declaration in the Court of Senior Civil Judge, Quetta, on 3rd November 1965 claiming that the running of water in river Hun ,from Mauza Jhalli Neelra the place of residence of the plaintiffs as the exclusive property of the plaintiffs and other share-holders and for permanent injunction restraining the defendants from execution of any proposed scheme whereby they intend to raise a pukka embankment from that point to take water belonging to the plaintiffs to the land of defendants 3 to 7 of Mauza Lanji Mereywalli. The suit was filed on behalf of respondents 3 to 7 on 12th May 1966. Respondents 1 and 2 filed written statements on 15th June 1966. 2. The suit was dismissed for non-prosecution on 13th March 1968 and was restored again on 26th June 1968. Issues were framed by the trial Judge on 31-7-1968, and it was ordered,, to put up the matter on 15th August 1968 for filing the list of witnesses. On that day the learned counsel appearing on behalf of the plaintiffs submitted an application praying for an adjourn--ment of the case as he was unable to contact his clients in order to receive instructions with regard to the names and addresses of the persons they intended to…

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