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SHAHBAZ SAQIB versus RAB NAWAZ


O XXXIX, Rr 1, 2 and OI, R 9 Specific Relief Act (I of 1877), Section 53 Permanent Order for Trial of the Applicant for Trial Appeal was approved by the trial court under which the defendants were barred. Was given. Accusations of building a boundary wall that allegedly prevented the passage of the plaintiffs and drainage rights have clearly indicated on the record that the wall under which the property was proposed was constructed. The plaintiffs do not own, therefore, to exercise any right over the said property, the plaintiff must have made the first legal basis for such claim, but the courts below have dealt with such material aspect of the case. Ignored altogether and praised the temporary injunction question on the basis that the balance of convenience was in favor of the plaintiffs and they were disputed. May face losses. The courts below failed to consider that one of the conditions required for a temporary injunction, namely, the primary fee case, did not exist in favor of the plaintiffs; In the context the lower courts did not examine, the subsequent orders were not sustained, were set aside and the matter was remanded for further judgment.

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