The contents of para No.one from the plaint are vehemently denied. It truly is submitted that the accommodate household was transferred from the identify on the late predecessor-in-interest in the answering defendants vide Transfer Letter dated (deleted) within the CDA report and this factum on your own demolishes the malafide assertion from the plaintiffs that there was any alleged present of their favour.
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Summary: The situation pertains into a fit for declaration and permanent injunction. The defendant made available the plaintiff an oath, which the plaintiff accepted, as allowed underneath Write-up 163 of Qanun-e-Shahadat, 1984. Nevertheless, the defendant challenged the choice, leading to the acceptance in the appeals and remanding in the satisfies for demo and determination on deserves.
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Another reduction which this hon’able Court docket deems fit and good during the conditions of the case be awarded to your answering defendants together with the cost of such proceedings.
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A prohibitory injunction prohibits someone from doing a specific act, whilst a compulsory injunction orders them to carry out a particular act.
The decision underscores the theory that legal notices, although important, are certainly not in them selves ample to determine the deserves of a case.
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Key Takeaway: The specifics of statutory provisions matter. If a boundary wall isn't going to meet the standards requiring approval, a fit for its demolition might be dismissed.
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