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RUKHSANA TABASSUM SHAIKH versus KAZIM IMAM JAN


Code of Conduct 1908 Section 11 and O XXXIX, Rr 1, 2 The Interim Order Judiciary, the rule of the applicable plaintiff case was based on the declaration of a gift and alteration which affected the plaintiff's favor and violated the approved order. Previously, the defendants had seized the property at the time of the declaration of the gift / gift by the High Court and the plaintiff claimed on behalf of the plaintiff that the original documents were in his possession. The gift was invalid for possession, when the original owner denied the power of attorney in favor of the plaintiff and appointed one of the defendants as his lawyer, then the original document was not prosecuted for grant. It was held that despite the interim injunction in favor of the plaintiff, if any change was made in relation to the suit property during the proceedings, it was envisaged that the lease pendens would come into operation under the provisions of section 52 of the Transfer of Property Act, 1882, The High Court refused to approve the ban order in favor of the plaintiff

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