1988 PLP 676 (SCMR)
IFTIKHAR AHMAD‑‑Petitioner Versus ISHRAT ALI SIDDIQI and others‑‑Respondents
| Citation | 1988 PLP 676 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Nasim Hasan Shah, JJ |
| Parties | IFTIKHAR AHMAD‑‑Petitioner Versus ISHRAT ALI SIDDIQI and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 676 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 676 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Nasim Hasan Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 676 (SCMR) (IFTIKHAR AHMAD‑‑Petitioner Versus ISHRAT ALI SIDDIQI and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M.Nurul Hasan, Advocate Supreme Court and Muzaffar Hassan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 8th September, 1987.
Headnotes / Summary
(On appeal from the judgment dated 7‑4‑1987 of the High Court of Sind at Karachi in Constitutional Petition No.1059 of 1981). ‑‑‑Art.185(3)‑‑Leave to appeal‑‑Grant of‑‑Discretionary jurisdiction‑ Exercise of‑‑ Impugned judgment of High Court being in aid of fostering justice, Supreme Court declined to exercise its discretionary jurisdiction to grant leave.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑The petitioner challenges the order of a Division Bench of the Sind High Court dated 7‑4‑1987 passed in Constitutional Petition No.1059 of 1981. The High Court, by the aforesaid order, set aside the order of the Deputy Registrar as well as of the Secretary. Cc‑operatives Department and remanded the case to the Deputy Registrar to decide the appeal afresh after providing an opportunity to the parties to lead evidence on the question noted by it in the judgment. Herein, the High Court found that the petitioner Iftikhar Ahmad will be entitled to the plot of the land measuring 320 Sq.Yds. which was allotted to him by the Society and the opponent Ishrat Ali Siddiqi will be entitled to the possession of his original allotted plot measuring 556 Sq.Yds. with its original location, without any area in addition to it. After hearing the learned counsel for the petitioner we feel that the dispute is mainly about the identification and demarcation of the plots transferred by the Firdous Cooperative Housing Society to the parties concerned. We also feel that it is in the true interest of both the parties that the disputes in this respect should be finally settled and both obtain a clear and undisputed title of the areas transferred in their favour. Since the judgment of the High Court is in aid of fostering justice, we do not consider that this is a fit case for the exercise of our discretionary jurisdiction to grant leave to' appeal. M.I. /I‑26/S Petition dismissed.