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FAZAL versus GHULAM MUHAMMAD


Section 54 Civil Procedure Code (v. 1908), O XXXIX, Rr 1, 2 Constitution of Pakistan (1973), Article 185 (3) Permanent injunction prohibited, by the following courts from jointly increasing the construction of the property. Facts Approval The plaintiff of the land began construction on the suit land which was jointly owned by the parties. The trial court, hearing the judgment of the case, prevented the defendants from taking up the construction on the land decision and the order passed by the trial court was passed by the appellate court. And the High Court was sustained by the play. It was raised by the defendants that since the buildings used by the co-owners on the land were not wasted or damaged by the utilities of the land and the co-owners could also enjoy the use, therefore, It cannot be resisted that all the courts below produced the results in conjunction with it. The fact is that instead of increasing the construction on the property owned by the plaintiffs, the defendants should first have been divided equally. And then they can build the part of the land in their favor that the courts refused to interfere with, and the court refused to approve the appeal.

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