AMJAD ALI SHAH vs ABDULLAH alias DULLAH
This matter concerns a petition for leave to appeal against the refusal of a trial court to grant a temporary injunction restraining the alienation of suit property. The core legal question before the Supreme Court was whether the petitioner was entitled to an injunction to prevent the potential alienation of the property during the pendency of the suit. Upon hearing the counsel, the Supreme Court declined to grant leave to appeal. However, the Court issued a specific direction that if the suit property had not yet been alienated, the respondent must provide prior information to the trial court before any such alienation takes place. This holding balances the petitioner's interest in preserving the status quo with the respondent's right to deal with the property, provided that the trial court is kept informed. The principle laid down is that while an injunction may be refused, the court retains the authority to impose procedural safeguards to ensure transparency and prevent the frustration of the decree in pending litigation.
- Can the Supreme Court impose a condition of prior notification for property alienation while refusing leave to appeal against the denial of a temporary injunction?
- Is a party required to inform the trial court before alienating suit property if a temporary injunction has been refused?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.---A temporary injunction against possible alienation of the suit property having been refused the petitioner has sought leave to appeal against refusal.
2. After hearing the learned counsel we consider it proper to observe that if and when the suit property is sought to be alienated prior information in that behalf shall be laid before the learned trial Court. This, however, is subject to the condition that the suit property has not been alienated by now.
3. ' With the foregoing observation, leave to appeal is refused.
4. Leave to .