Summary: PLJ 2013 AJK 35 Present Munir Ahmed Chaudhary J ABDUL RAUF - - Appellant versus COLLECTOR LAND ACQUISITION MANGLA DAM RAISING PROJECT MIRPUR ZONE - II 13 others - - Respondents CA No 67 of 2011 decided on 1652012 Civil Procedure Code 1908 (V of 1908) - - - - - - O XXXIX Rr 1 2 - - Interim injunction - - Balance of convenience did not lie in his favor - - Irreparable loss - - Compensation of land - - Reference was dismissed - - If there was any will it can not be made in favor of one of heirs until rest of heirs voluntarily consent to that will - - In whose names compensation was assessed were entitled for that compensation - - Validity - - Compensation of acquired land legally owned by all of them had been assessed in their names so all of them were entitled for compensation assessed to extent of their legal sharers in acquired land - - Appellant had got no arguable case balance of convenience did not lie in his favor and if interim injunction was issued against official and private respondent then other legal heirs shall suffer an irreparable loss - - They cannot be deprived of compensation for which they had been declared entitled by authorities - - If at all version taken by appellant was accepted by any competent forum he will be at liberty to approach an proper forum for his redressal - - Interim injunction was vacated [P 37] A Mr Liaqat Ali Khan Advocate for Appellant Ms Sardar Muhammad Razzaq Khan Ch Muhammad Jamil Syed Gohar Abbas Advocate for RespondentsJudgement Result:Injunction vacated

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