TANZEEM AHMED KHAN versus PROVINCE OF SINDH THROUGH SECRETARY CO-OPERATION DEPARTMENT, SINDH SECRETARIAT, KARACHI
Sections 42, 39 and S4 Civil Procedure Code (v. 1908), Sections 94, 151 and OLSXIIX, RR1 and 2 of the Transfer of Property Act (IV of 1882), Section 41 Declaration, Cancellation of Sale Agreement The dispute over the title of the suit plot against the parties to the permanent injunction claims that as the founding member of the plaintiff housing society, the suit was claimed to be the legal heir of the original allotment, the court's decision The interim order prevents the Society from generating any third party interest on the Planet Plan; the requesting CPC, the other defendant, claimed that the suit should be filed on the plot. Judea is claiming to be a qualified buyer of the suit plot to allow the civil work to be completed. Due to the municipality order, the construction work was halted without the construction plan approved by the other defendants on the suit plot. No action was taken against the construction plan taken by the other respondent without the construction plan. During the second respondent's interim injunction, the second defendant did not offer any sales contract or receipt in support of his claim. The plaintiff had paid all the liabilities of the plaintiff society through the pay order without which the dispute could not be resolved. The plaintiff had a good first case to allow the recording of evidence to the plaintiff; in the event of a refusal of the injunction, the plaintiff would suffer irreparable harm; thus, the balance was in favor of the interim order previously granted. Was confirmed
Related judgments — Karachi High Court Sindh, 2011