THE LAHORE DIOCESAN TRUST ASSOCIATION vs PROVINCE OF PUNJAB and 6
This matter arises from a petition for leave to appeal filed by a plaintiff in a suit for declaration, challenging the dismissal by the High Court of a civil revision. The revision had arisen from the trial court's refusal to grant an ad interim injunction staying changes to the revenue record. The core legal question concerns the propriety of interfering with concurrent discretionary orders denying interim relief in civil proceedings. The Supreme Court of Pakistan declined to interfere with the discretionary orders regarding interim relief, holding that leave to appeal should be refused. However, the Court laid down the principle that any alterations made in the revenue records during the pendency of the civil suit shall remain subject to the final decision of the suit and shall not adversely affect any rights or interests of the petitioner in any manner whatsoever.
- Whether the Supreme Court will interfere with concurrent discretionary orders denying ad interim injunctions?
- Do changes made in the revenue record during the pendency of a civil suit affect the rights of the parties?
- Can an appellate court safeguard a petitioner's interests by ordering that revenue record changes remain subject to the final decision of the civil suit?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff in a suit for declaration; against the dismissal by the High Court, of a Civil Revision which had arisen out of the dismissal by the trial Court, of petitioner's application for an ad interim injunction.
2. ' The petitioner has failed throughout on the question of stay.
3. ' After hearing the learned counsel, at some length, with regard to the facts and findings and on the merits of the case, we do not consider it a fit case for grant of leave to appeal so as to interfere with the discretionary orders passed with regard to interim relief. The prayer made is that the Revenue Authorities should not make any changes in the Revenue record till the decision of the civil suit. In the circumstances of this case if any changes are made they shall remain subject to the final decision in the civil suit. An apprehension is expressed by learned counsel that though ordinarily such changes in record do not affect the rights of the parties but in this case the petitioner's interest would be prejudiced if change is made in the Revenue record.
4. After hearing him on this question we direct that whatever the changes, they shall not adversely affect any right or interest of the petitioner in any manner whatsoever.
5. ' With the foregoing observations this leave to appeal petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.