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HAJI FARID ULLAH KHAN versus SARDAR INAYAT ULLAH KHAN


Section 42 Civil Procedure Code (v. 1908), OLX XX, RR 1 and 2 suits the trial court seeking leave to grant a temporary injunction permit and to consider the material available on record Subsequently, the order passed temporarily, forbidding the defendants from taking up the matter, however, regarding the construction or changing of the nature of the suit premises, the appellate court had vacated that the injunction order was temporary In order to issue a restraining order, there is a first issue until then when the first two matters, namely, balance of facility and irreparable loss. Just did not exist. , The co-defendants submitted the affidavits in the form of a promise that they were building the building at their own risk and cost. And if the case is owned by the plaintiffs, they will not claim any improvement in the filing of these files in the form of an affidavit, which substantially protected the rights of the plaintiffs and if the lawsuit is sued. The cover was found. In the possession of the defendants, the defendants will not be entitled to the costs of the improvements. And they will hand over the erection of peace, along with peaceful possession, to the Court of Appeal under the plaintiff, which was absolutely correct, just and strictly in accordance with the law in which no interference was sought.

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