Abu Jafar Sardar v. Muzibar Dhali
Code of Civil Procedure – Order XXXIX Rule 4 – vacation of ad interim/status quo injunction
Case brief
What is this about?
FMAT 173 of 2025, Abu Jafar Sardar v. Muzibar Dhali — appeal against rejection of Order XXXIX Rule 4 CPC application to vacate ad interim/status quo injunction in a partition suit; alleged suppression of material fact that a demarcated portion was transferred by deed, severing joint status; suppression of material facts confined to what is evident on the face of the record, merits arguments outside Order XXXIX Rule 4; dismissal at admission stage under Order XLI Rule 11 CPC; liberty to argue all points at final hearing; direction to decide temporary injunction application preferably within six weeks; CAN 1 of 2025 disposed of; no order as to costs.
What did the court decide?
No relief to the appellant: FMAT 173 of 2025 dismissed under Order XLI Rule 11 of the Code of Civil Procedure without admission, with liberty to argue all points in the memorandum of appeal and the Order XXXIX Rule 4 application at the final hearing of the temporary injunction application; trial judge directed to decide that application on merits expeditiously, preferably within six weeks; IA No: CAN 1 of 2025 disposed of in light of the observations; no order as to costs.