SARDAR MUHAMMAD vs AKHTARI BEGUM And Other
This petition for leave to appeal was directed against a judgment of the Lahore High Court, which had set aside a temporary injunction previously granted in favour of the petitioner. The core legal question before the Supreme Court was whether the High Court's decision to vacate the temporary injunction was legally sustainable in light of established precedents and relevant statutory provisions. Upon hearing the petitioner's counsel, the Supreme Court declined to grant leave to appeal. The Court held that the High Court's impugned order was consistent with the principles laid down in Additional Settlement Commissioner (Land) v. Muhammad Shafi (PLD 1971 SC 791) and the provisions of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975. The Court further clarified that the observations made by the High Court regarding the interlocutory matter were tentative in nature and would not prejudice the final determination of the case on its merits.
- Does an order vacating a temporary injunction in an interlocutory matter prejudice the final determination of the case?
- Is the High Court's decision to set aside a temporary injunction consistent with the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975?
- Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975
ORDER
1. NASIM HASAN SHAH, J.--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.
2. 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 PLD 1971 SC 791 and the provisions of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975.
3. 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.