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Judgment Sheet
IN THE LAHORE HIGH COURT
RAWALPINDI BENCH RAWALPINDI
JUDICIAL DEPARTMENT
Civil Revision No.91/2008
(Muhammad Nazir Versus Muhammad Bashir and others)
JUDGMENT
Date of Hearing 05.05.2015
Petitioner by: Mr. Muhammad Asif Chaudhry, Advocate.
Respondents by: Raja Muhammad Rashid, Advocate.
the factual position at the spot. The Local Commissioner inspected the
spot and submitted his report to the learned trial court. The
respondents did not file any objection to the report of the Local
Commission. The learned trial court accepted the application under
Order XXXIX rule 1 and 2 of CPC, in the terms that the respondents
were restrained from interfering into the possession of the petitioner,
encroaching the suit land and from changing its nature, vide order
dated 09.06.2007. The respondents being dissatisfied from the said
order filed an appeal before the learned Additional District Judge
which was disposed of vide order dated 06.02.2008. The operative
part of the said order is reproduced as under:-
appropriate order in that regard should have been passed. This aspect
becomes more significant when there is an application filed by the
petitioner for appointment of a local commission which remained
unattended and the learned Additional District Judge failed to take
notice of the same nor any order was passed thereupon.
(ATIR MAHMOOD)
Judge
wasif