PLD 1992

P L D 1992 Supreme Court 90 (PLP)

MUHAMMAD BASHIR‑‑Petitioner Versus SUMERA SHAHZADI and 2 others‑‑Respondents

Jurisdiction / Court
Decided Date
Civil Petition No.992‑L of 1991, decided on 25th November, 1991.
Honorable Judges
Case Reference Summary (AEO Optimized)
Citation P L D 1992 Supreme Court 90 (PLP)
Forum / Court
Bench Members Single Bench
Parties MUHAMMAD BASHIR‑‑Petitioner Versus SUMERA SHAHZADI and 2 others‑‑Respondents
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D 1992 Supreme Court 90 (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D 1992 Supreme Court 90 (PLP)?

The case was heard and decided by the bench comprising: Honorable Judges.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D 1992 Supreme Court 90 (PLP) (MUHAMMAD BASHIR‑‑Petitioner Versus SUMERA SHAHZADI and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Dr. Farook A. Chaudhry, Advocate Supreme Court and Inayat Hussain, Advocate‑on‑Record for Petitioner.
  • M. Anwar Rana, Advocate with Special permission with Respondent No.l for Respondent No.l.
  • Dates of hearing: 24th and 25th November, 1991.

Headnotes / Summary

(On appeal from the judgment dated 23‑9‑1991 of the Lahore High Court, Lahore, in Writ Petition No.3155 of 1991). Civil Procedure Code (V of 1908).‑ ‑‑‑‑

0. XXIII, R. 3‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Petition for leave to appeal‑‑‑Dispute as to property‑‑‑Compromise between the parties‑‑ Parties in pursuance to the orders of the Supreme Court compromised to settle and end the disputes between them‑‑‑Both the parties and their counsel signed the compromise deed‑‑‑Supreme Court having found the compromise to be a fair workable arrangement between the contesting parties converted the petition into appeal, disposed it of in terms of compromise and hoped and expected that the same would furnish a good basis for an amicable settled family life between the parties and their children. Nemo for the Remaining Respondents.

Judgment & Decree

MUHAMMAD AFZAL ZULLAH, CJ.‑‑This petition having been heard on 24th November, 1991 the judgment was reserved. Today the parties having appeared with their learned counsel have submitted a compromise in writing which is recorded hereunder:‑‑ "In re: C.P.S.LA.No.992/1991 Muhammad Bashir‑‑Petitioner versus Mst. Sumera Shehzadi etc.‑ ‑Respondents COMPROMISE effected between the parties in the above‑titled case "Respectfully sheweth:‑‑ In pursuance to the orders of this honourable Court, the two counsel had a conference with the two parties on the evening of November 24, 1991 and the following terms and conditions were settled to end the disputes between the petitioner and respondent No.l: (a) That House No.16, Street No.34, Sanda Kallan, Lahore is owned by the father of the petitioner and the petitioner shall get it transferred in the name of his wife, Mst. Sumera Shehzadi (respondent No.l) at his expenses. (b) That respondent No.l (the wife of the petitioner) shall not sell the house mentioned in the above paragraph without the written permission of the petitioner (husband). (c) That the petitioner shall pay to respondent No.l, Rs.1,000 per month as her maintenance. (d) That the petitioner shall deposit in the bank Rs.800 per month in the name of both the children, which cannot be withdrawn unless both the parents i.e. petitioner and the respondent No.l in writing agree to that. (e) That a portion of the house mentioned in para.(a) is presently occupied by the sister of the petitioner (Mst. Nasim Akhtar). The sister shall vacate it within 3 years. (f) That all the cases pending in different Courts by both the parties shall be withdrawn.

2. It is respectfully prayed that in the light of the above terms and conditions of the compromise an order may kindly be passed accordingly. (Sd.) (Sd.) Muhammad Anwar Rana, Dr.Farooq A. Chaudhry, Advocate High Court, Barrister‑at‑Law, 303‑Ravi Road, Lahore. Advocate Supreme Court, Counsel for the 46‑The Mall, Lahore Respondent No.l. Counsel for the Petitioner. Thumb‑impression (Sd.) Mst. Sumera Shehzadi, Muhammad Bashir, Respondent No.l. Petitioner Thumb‑impression (Sd.) Mst. Ruqiya Begum, mother Muhammad Nazir, of the Respondent No.l. brother of the Petitioner. Dated 25‑11‑1991. The compromise has been signed by the two learned Advocates as well as by the concerned persons/parties. It seems to be a fair workable arrangement between the contesting parties. It is ‑hoped and expected that the same would furnish a good basis for an amicable settled family life between the parties and their children. We, accordingly, while converting this petition into appeal dispose it of in terms of the afore‑recorded compromise. There shall be no order as to costs. M.BA./M‑1584/S Order accordingly.