2022 MLD 1621
Ss.14 & 21A Family Courts Act --- Phrase ' a decision given ' --- Alternate remedy , availability of --- Suit for dower accompanied with application for interim injunction --- Petitioner / plaintiff / wife of the deceased claimed 5 - Marla house to be transferred to her as dower on ground that the same was specifically mentioned in Nikahnama ; that her husband had handed over the house to her in his lifetime and promised transfer of the same to be processed ; and that respondents / legal heirs of the deceased were adamant to dispossess her from her lawful possession --- Petitioner also filed application for interim order seeking protection of property which was dismissed by the Trial Court --- Held , that petitioner's application for interim injunction had been finally dismissed and had resulted into a final decision declaring the petitioner not entitled to interim relief during the pendency of her suit for recovery of dower --- Relief claimed by the petitioner under S.21 - A of the Family Courts Act , 1964 , for preservation / protection of property , subject matter of the suit had been finally decided against her by the impugned order --- Dismissal of the application under S.21A of the Act , refusing interim relief of protection of property during the pendency of Family suit was ' a decision given ' , which was appealable in terms of S.14 of the Act --- Without availing the said remedy , direct not maintainable.
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