ALLAH YAR Versus NOOR BANO

ORDER

SHAFIUR RAHMAN, J.- - The interim order of status quo has been passed in civil revision by the High Court on 29-6-1987 in a pending title suit which has aggrieved the petitioner who is the defendant and he seeks leave to appeal.

2. The contention of the learned counsel for the petitioner is that the plaintiffs- respondents had no prima facie case as they and their predecessor-in-interest had earlier admitted that it was not limited estate of the widow and the daughters, but only a share held in lieu of maintenance and on the termination of such an interest, the personal law of inheritance will not be attracted to the property left by Haji Ahmad and in the hand of Allah Yar or Mst. Noon Bibi. It is also contended that none of the plaintiffs /respondents happened to be in possession of the land and the balance of convenience is strongly against them because the petitioner has been diligently pursuing cases of ejectment against the tenants and the decrees obtained by him would thereby be rendered infructuous.

3. After hearing the learned counsel for the petitioner at some length, we find that this case is not fit for our interference at this stage as only an interim regulatory order is involved. The order of status quo preserves the existing position and if on the relief now claimed by the petitioner, it is more favourable to him, he should enjoy it rather than make a grievance of it. If after obtaining the decree of ejectment, any impediment or inconvenience is felt by the petitioner, he should by explaining his case, obtain suitable modification of such an interim regulatory order concerning the property in dispute. Leave to appeal is, therefore, refused.

M.I./A-103/S Petition dismissed.