2019 PLP 365 (MLD)

MUHAMMAD ALAM, J.

This is civil first appeal against order dated 20.01.2017, passed by the learned Vacation District Judge Gilgit.

2. Respondents filed a petition (Ref. Petition No.189/2016) under section 18 of the Land Acquisition Act, 1894, in the Referee Court/District Court Chilas Diamer, challenging receipt and deposit of amount of Rs. 4,94,56,250/-, as award amount of some award. Appellant deposited amounts of Rs.4,94,56,250/- that he received in connection with some compensation of some lands and deposited the same in the bank of respondent No.14. Later on appellant drew the said amount from the bank of respondent No.14. Learned Vacation Judge passed impugned order in the following words:-- 20-01-2017 "Reader's report perused. Learned counsel for the petitioners heard on preliminaries. Matter is an urgent matter. Same be registered in the relevant register of District and Sessions Court Chilas and notice be issued to respondents.

2. The Assistant Commissioner Chilas is directed to recover the amount from the concerned bank and the same recovered amount be placed in the official account of District Court Chilas forthwith. The Manager of concerned bank is also directed to stop payment to the concerned and reverse the amount as requisitioned forthwith. Case to come up on 02.03.2017 for attendance." Feeling aggrieved from the same, appellant filed appeal in hand with the following prayer:-- "It is therefore humbly prayed that by accepting this appeal the impugned order dated 20/01/2017 passed by learned Acquisition Judge/District Judge Gilgit may kindly be set aside. And the Assistant Commissioner Chilas may kindly be restrained to recover the said amount and the concerned bank Manager may also graciously be restrained to release the amount of compensation to Assistant Commissioner Chilas to meet the ends of Justice law and equity."

3. We have gone through the material available on file. Counsel for appellant has filed an application for general adjournments and junior counsel for appellant appeared with request to adjourn the case. We did not allow the adjournment sought as we deem that the appeal in hand is frivolous and has become infructuous.

4. The case in hand has very special circumstances of its own. Admitted state of affairs between parties are important and worth consideration. It is not disputed that Reference No.189/2016 is sub-judice in the Court of District Judge Diamer, wherein, receipt of amounts of Rs.4,94,56,250/- by respondents are disputed subject between the parties. Learned Referee Court is yet to determine that receipt of said amount by appellant is correct or wrong. Through impugned order, the learned Vacation Judge/Referee Judge directed appellant for deposit of said amounts in the account of said Referee Court. Feeling aggrieved from the same, appellant filed appeal in hand and also filed an application (C.M. No.24/2017) seeking temporary injunction. This Court passed final orders on said application through order dated 06-02-2017, whereby, varied the impugned order of trial Court.

5. The most important aspect of the case is that appellant has, so far, neither acted upon order dated 06-02-2017 of this Court nor has filed any appeal etc. in the Apex Court of Gilgit-Baltistan. So, order dated 06-02-2017, passed in C.M. No.24/2017 has attained finality and appellant is continuing proceedings of the case in hand malafidely and in our opinion, proceedings on this appeal cannot be continued unless and until, either appellant acted upon order dated 06-02-2017, passed in C.M. No.24/2017. So, in our opinion, continuing proceedings on this appeal will amount to strengthen the mala fide intentions of the appellant. Appellant is malafidely delaying implementation of order dated 06-02-2017 of this Court.

6. We, therefore, hold that appeal in hand is based on mala fides and is frivolous. Appellant is using delaying tactics. In our opinion, appellant is legally and morally bound to first act upon order dated 06.02.2017 of this Court, passed in C.M. No.24/2017 and then only he could be heard. Appeal in hand stands dismissed. We further hold that order dated 06-02-2017, passed in C.M. No.24/2017 is in the field and the same be read as part of this order. Order impugned through this appeal varied in terms of order dated 06-02-2017, passed in C.M. No.24/2017. Copy of this order as well as order dated 06-02-2017, passed in C.M. No.24/2017 be sent to the Referee Court with directions to use coercive steps, if the need be for enforcing the said order, in its letter and spirit. Order accordingly. This file be consigned to record. ZC/192/GB Appeal dismissed.