Syed GHULAM HUSSAIN SHAH Through Legal Heirs vs Syed SADIQ HUSSAIN

This matter concerns a civil miscellaneous petition filed before the Supreme Court of Pakistan in the case of Syed Ghulam Hussain Shah vs. Syed Sadiq Hussain. The core legal question presented to the Court involved a request by the petitioners/appellants for permission to undertake the re-building of a shop that was the subject of the underlying dispute. The Court, exercising its discretion in the civil miscellaneous proceedings, granted the prayer sought by the petitioners. The holding of the Court was that the petitioners were permitted to proceed with the re-building of the disputed shop, subject to the specific condition that such construction would be undertaken entirely at the petitioners' own risk and cost. This decision establishes the principle that a court may grant interim relief allowing for the modification or reconstruction of disputed property during the pendency of litigation, provided that the party seeking such relief assumes full liability for the associated costs and any potential legal consequences arising from the alteration of the property's status quo.