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MST. FATIMA BIBI versus MST. SAKINA BIBI


Civil Procedure Code Order XXXIX Temporary Injections and Interlocutory Orders A XXXIX, RR l & 2 Specific Relief Act (I of 1877), Sections 42 and 54 of Pakistan (1973), Article 185 (3) Temporarily Ordering, The declaration and permanent injunction for the suit's approval claim the defendant claims that he is the joint owner of the suit land and has physical possession of some part of which he has built and claimed a brick kiln for the past 20 years. It was as if they were interfering in their possession and intervention. Appeal for temporary provisional order by the defendants was approved by the trial court, the appellate court rejected the trial court's order and in the same review, the legal position held the plaintiff in physical possession of the suit, In which they set up a brick kiln. The defendants' claim was viable and the claimant, by the defendants, would complicate any type of land discrimination that could have been caused. The balance of civil and even criminal proceedings was in favor of the plaintiffs, and refusing to protect the parties at the time of the proceedings could result in irreparable harm. The apex court turned the application into appeal and accepted it, while rejecting the injunction and restoration process was restored. Order of trial court

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