MUHAMMAD ASLAM vs MUHAMMAD KHAN and another

This matter arises from a petition for leave to appeal directed against the order of the Lahore High Court, Lahore, concerning the refusal of an interim injunction in a civil dispute. The core legal question is whether the petitioner is entitled to a temporary injunction based on an alleged oral agreement of possession when such possession and agreement are disputed by the opposing party. The Supreme Court of Pakistan held that where an oral agreement is denied by the contesting side, a prima facie case for the grant of a temporary injunction does not exist, and the courts below committed no error in rejecting the application. The key principle laid down is that temporary injunctions under Order 39 Rules 1 and 2 of the Code of Civil Procedure cannot be granted on the basis of a disputed oral agreement in the absence of a strong prima facie case, particularly when adequate opportunity to lead evidence during trial remains available.