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Civil Petitions Nos. 225‑R and 1054 of 1979, decided on 18th March, 1981

(On appeal from the judgment dated 24‑10‑1979 of the Lahore High Court in Civil Revision No.976 of 1978).

Constitution of Pakistan (1973)‑‑

‑‑Art. 185(3)‑‑Leave to appeal, grant of‑‑Temporary injunction‑ Impugned order setting aside temporary injunction consistent with views expressed by Supreme Court and provisions of law‑‑Observations made by High Court to be treated of tentative nature not prejudicing final determination of case‑‑Leave to appeal refused.

Ch. Abdul Rehman, Advocate‑on‑Record and Ch. Akhtar Ali, Advocate‑on‑Record for the Petitioner.

Nemo for Respondents Nos. 1 and 9 to 11.

S. Abid Nawaz, Advocate‑on‑Record (absent) for Respondents Nos. 2 to 8.

This petition is directed against the judgment, dated 24‑10‑1979 by which Civil Revision No. 976 of 1978 filed by Respondents 1‑8 herein was accepted by a learned Single Judge of the Lahore High Court and the temporary injunction issued in favour of the petitioner was set aside.

After hearing learned counsel for the petitioner we do not feel inclined to grant leave to appeal in this matter, as the impugned order of the High Court is consistent with the views expressed by this Court in Additional Settlement Commissioner (Land) v. Muhammad Shafi P L D 1971 S C 791 and the provisions of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975.

Needless to say that the observations made in the High Court order being in relation to an interlocutory matter will be treated to be of a tentative nature and will not prejudice the final determination of the case.

M.I. Petition dismissed.

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