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LAL MUHAMMAD versus SUHAIL AKHTAR


Specific Relief Act 1877 Section 42 Civil Procedure Code (v. 1908), O. XXXIX, R2 (3) and Section 151 Criminal Procedure Code (V9 1898), Section 145 Constitution of Pakistan (1973), Art. 185 (3). And the order was directed to the restraining parties to maintain the status of the defendants, therefore, the defendants moved the status of the order complaining of the order to the defendant, and to proceed with them and to restore possession. Prayed, after which the possession was again restored to the plaintiffs, revision rejected against the restraining order High Court exercises its constitutional jurisdiction The restitution order was set aside and the defendants in the legal claim claimed that they had possession of the underground possession on the date of the institution suit, as shown by the order passed in proceedings under Section 4545, the Code of Criminal Procedure. happens. , 1898, and on the contrary, there is no evidence to show that they were either expelled or voluntarily surrendered under Section 4545 Section, Criminal Code of Conduct, 1898, to restore the possession of the defendants. Subsequently, the Red Land claims that the status quo order issued by the trial court has retained possession of the party which had already occupied the land on the date of entry. Therefore, the order of restitution of possession granted under section 151, the CPC had fully claimed without any jurisdiction that the plaintiff further asserted that by exercising the constitutional jurisdiction to direct the restoration of the occupation. The High Court's order was completely unnecessary and the trial against the evidence raised by the defendants was to be dropped.

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