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KHURSHID AHMAD versus ABDUL RASHID NIZAMI


Section 13 Special Relief Act (I of 1877), Section 12 Civil Procedure Code (V 1908), O IX, R 6 Constitution of Pakistan (1973), Article 199 Constitutional application to sell sale contract, previous proceedings Respondent suspends the withdrawal order before the appellate authority allows the appeal and the final decision on the withdrawal request will be postponed until the final decision of the proper civil litigation for the specific performance of the contract is reached, The defendant had filed an appeal, in which no injunction was granted. An agreement to create no right, title or interest, therefore, cannot be defended in the withdrawal request because the withdrawal order was perfectly legitimate, the appellate authority misunderstood that jurisdiction. In the circumstances, the appellate authority's decision was set aside.

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