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Civil Revision No. 222 of 1983, decided on 5th February, 1983.
‑‑ O. XLI, r. 5‑Temporary injunction‑Observation made by appellate Court while disposal of appeal against refusal to issue temporary injunction‑Held, not affect in any way main flourish of suit‑Such observations only meant for cause immediately in hand.‑[Injunction].
C. H. Lat i f Awn for Petitioner.
The petitioner has shown his apprehension in this revision as to an observation made by the learned District Judge, Sialkot while disposing of the appeal against refusal to issue temporary injunction by Badaruz Zaman respondent. The observation of the learned District Judge is‑
"I find that Jahangir was not the owner and as he had no title, there fore, if it is assumed that he sold the suit land in favour of the plaintiff/respondents even then, the plaintiff does not become the owner because Jahangir himself bad no title in the suit land."
This observation appears to have been made within the scope of the appeal before the learned District Judge and as such it remains within the same ambit. The learned counsel for the petitioner has submitted that this prejudices and pre‑judges his case with which he has yet to come up at the stage of the evidence. I do not think that such an observation will affect in any way the main flourish of the suit because such observa tions are only meant for the cause immediately in hand. So, this petition is disposed of.
M.A. K. Civil revision disposed of.
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