Hazrat Ghani vs Ghulam Mohd - 1933 Supreme(Pesh) 9

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1933 Supreme(Pesh) 9

MIDDLETON
Hazrat Ghani – Appellant
Versus
Ghulam Mohd – Respondent

JUDGMENT

Middleton, J C - Mt. Nanai holder of certain Post Office Cash certificates died and upon 11th March 1932 Hazrat Ghani and others obtained a succession certificate in respect of har estate, but upon the 19th of the same mouth Ghulam Mohammad instituted a regular suit for declaration that Hazrat Ghani etc., had no right to the Post Office Cash Certificates and that the plaintiff had a right to realize them. Daring the pendency of this suit a temporary injunction was issued preventing Hazrat Ghani etc., from cashing these certificates. The suit was dismissed on 27th June 1932 and on the same day a succession certificate was granted to Hazrat Ghani etc., (for the succession certificate proceedings had merely been kept pending till the decision of the regular suit). Ghulam Mohammad then appealed to this Court and also applied for an injunction to restrain the respondents from cashing the certificates. Notice was issued to the respondents but was not served until 27th July. Meanwhile they had actually cashed the certificates on 26th July. The injunction petition was dealt with by this Court on 5th August 1932 when an order issued to the Post Office preventing it from cashing the

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