Maj. (Retd.) EJAZ AHMAD vs KHALID MAHMOOD SINDHU
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan concerning a dispute over a plot of land and ongoing construction thereon during the pendency of a suit. The core legal question involves the necessity of protecting the subject matter of the suit by restraining the respondent from alienating the disputed property and holding any construction raised after the institution of the suit and notice to be at his own risk. The Court, upon noting the absence of the respondent despite proper service of notice, converted the petition into an appeal and allowed it to the limited extent of issuing an interim order. The holding establishes that pending the determination of the suit, any construction made by the respondent shall be at his own risk and he is restrained from alienating the disputed property, while expressly leaving the merits open for further argument should the respondent subsequently appear and show satisfactory cause.
- Can a petition be converted into an appeal when the respondent fails to appear despite proper service of notice?
- Whether an interim order can be issued against a party raising construction and alienating property during the pendency of a suit?
- Does the Supreme Court grant interim relief regarding disputed property while leaving the merits of the case open for future argument?
ORDER
' SHAFIUR RAHMAN, J.---Notice had issued in this case to the respondent calling upon him to show cause why the petition be not converted into an appeal and accepted to the extent that raising of construction over the plot after the institution of the suit and notice to him should be taken to be on his own risk and he should be prevented from alienating the disputed property meanwhile.
2. The office record shows that notice had issued to him in proper time and it must be taken that he would have been served with it. He is not present. Therefore, we proceed to convert this petition into an appeal. Accept the same to the extent that an interim order shall issue pending the suit that the construction made by the respondent shall be at his own risk and that he shall not alienate the disputed property meanwhile. Merits are not being examined in any greater detail because there may be yet opportunity for the respondent to appear and show satisfactory cause for his non- appearance and to argue further on the merits of the relief to be granted.