anzoor Hussain Malik Vs Abdul ith permanent Dated:19.05.2021. " Present: Learned counsel for the plaintiffs, Muhammad Mushtaq Azami, Advocate. Learned counsel for the defendants, Mr. Abdul Jaleef khan, Advocate. Today the case is fixed for arguments over application for grant of temporary injunction. Record depicts that instant suit is a suit for declaration alongwith permanent injunction against co- sharers. To the extent of declaration, the suit is not maintainable in the eye of law because it was held in Mst. Roshan Ara Begum and 08 others Vs Muhammad Banaras and other 2016 YLR 1300 that: “Co-sharer could not file a suit for declaration and possession against the other co-sharer but only a suit for partition could be filed.” To the extent of injunction, when suit to the extent of main relief i, . declaration is not maintainable, suit to the extent of consequential relief ie. permanent injunction is also not m: tainable. Hence, keeping in view the guideline laid down in PLD 1984 Lahore 59 and PLD 2019 Lahore 407, not only application for grant of temporary injunction is hereby dismissed but also the plaint in the instant suit for declaration alongwith permanent injunction is hereby rejected by exercising power under Order VII Rule 11, Clause (4) of Code of Civil Procedure. Decree sheet be prepared. File A Scanned with CamScannerammad Javaid. ‘compilation through Ahlmad-I Muh Scanned with CamScanner