ZAKIYA KHATOON Versus ROOMI ENTERPRISES

This matter originated from a petition for leave to appeal against an order of the Lahore High Court, which had declined to grant interim relief regarding alterations to a property currently subject to pre-emption litigation. The core legal question before the Supreme Court was whether the High Court erred in refusing to restrain the respondent from making alterations to the disputed property, or whether the respondent's undertaking to proceed at their own cost and risk provided adequate protection to the petitioner's interests. The Supreme Court held that the respondent's undertaking to carry out any improvements or alterations at their own cost and risk constituted sufficient protection for the petitioner's rights in the property. Consequently, the Court found no legal basis to interfere with the High Court's order and concluded that no further examination was required. The petition for leave to appeal was accordingly refused, affirming the principle that a formal undertaking by a party to assume financial risk for property alterations during pending litigation can serve as a sufficient safeguard against potential prejudice to the opposing party's interests.