Ad-Interim Injunction Recalled in Property Dispute

Описание: In this video, we discuss a recent and important judgment of the Lahore High Court passed in W.P. No. 75498 of 2025 titled Kaneez Begum vs. Additional District Judge, Gujrat & others, decided on 18 December 2025.
The case revolves around a property dispute based on an alleged oral gift of agricultural land measuring 16 Kanals 17 Marlas. The petitioner sought declaration of ownership and interim injunction to protect possession. Although the trial court initially granted ad interim status quo, the injunction was later recalled due to repeated failure of the petitioner to argue the interim application. The appellate court dismissed the appeal as not maintainable, holding that the application for interim relief was still pending and no “case decided” had emerged.
The Lahore High Court upheld both orders and clarified key legal principles, including:
Grant and recall of ad interim injunction is a discretionary power of the trial court
Courts are not bound to extend ad interim relief where proceedings are being delayed
An order recalling ad interim injunction, while the main application is still pending, is not an appealable order
Parties must pursue interim applications diligently instead of challenging every procedural order

The Court relied on settled Supreme Court precedents and emphasized that supervisory jurisdiction should not be used to interfere in discretionary and procedural orders unless there is perversity, illegality, or jurisdictional defect.

This judgment is particularly relevant for lawyers and litigants dealing with temporary injunctions, discretionary relief, and the concept of “case decided” in civil proceedings.

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