1990 PLP 1344 (SCMR)
Mst. AKBER SULTAN‑‑Petitioner Versus MURTAZA KHAN and others‑‑Respondents
| Citation | 1990 PLP 1344 (SCMR) |
| Forum / Court | High Court |
| Bench Members | S. Anwarul Haq, CJ., Muhammad Haleem |
| Parties | Mst. AKBER SULTAN‑‑Petitioner Versus MURTAZA KHAN and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1344 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1344 (SCMR)?
The case was heard and decided by the High Court bench comprising: S. Anwarul Haq, CJ., Muhammad Haleem.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1344 (SCMR) (Mst. AKBER SULTAN‑‑Petitioner Versus MURTAZA KHAN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ‑‑‑‑Art.185(3)‑‑‑Supreme Court Rules, 1980, O.XX, R.1‑‑‑Vacation of stay order‑‑‑Leave to' appeal was granted by Supreme Court only in respect of specified khasra number, a fact admitted by counsel for petitioners‑‑‑Supreme Court clarified that stay order granted earlier was only with regard to specified khasra number and that decree‑holders were entitled to possession of other land regarding which no leave had been granted.
- Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Yaqoob Hussain Zaidi, Advocate‑on‑Record for Respondents.
- Date of hearing: 9th April, 1980.
- This is an application moved by the respondents for vacation of the stay order granted by this Court on 29‑6‑1979. Mr. Akhtar Ali, the learned Advocate -on‑Record appearing for the respondents/applicants submits that the dispute in the case pertains only to the land bearing khasra No.47/28, measuring 9 Kanals and 18 Marlas and that the dispute with regard to the remaining land stands finally concluded by the judgment and decree of the learned trial Court, dated 20‑6‑1972, which was never challenged by the present appellant (Mst. Akber Sultan). He further submits that leave to appeal was granted by the Court only in respect of Khasra No.47/28.
- We have examined the case in the light of the above submissions and find that leave was granted only in respect of Khasra No.47/28. Mr. Yaqoob Hussain Zaidi, Advocate‑on‑ Record for the appellant concedes this position and states that the status quo order dated 29‑9‑1979, may be clarified. In the circumstances, we clarify that the stay granted by this Court is only with regard to Khasra No.47/28 measuring 9 Kanals and 18 Marlas and the decree‑holders are entitled to possession of the other land which is not under dispute.
Judgment & Decree
‑‑‑‑Art.185(3)‑‑‑Supreme Court Rules, 1980, O.XX, R.1‑‑‑Vacation of stay order‑‑‑Leave to' appeal was granted by Supreme Court only in respect of specified khasra number, a fact admitted by counsel for petitioners‑‑‑Supreme Court clarified that stay order granted earlier was only with regard to specified khasra number and that decree‑holders were entitled to possession of other land regarding which no leave had been granted. Akhtar Ali, Advocate‑on‑Record for Petitioner. Yaqoob Hussain Zaidi, Advocate‑on‑Record for Respondents. Date of hearing: 9th April, 1980. This is an application moved by the respondents for vacation of the stay order granted by this Court on 29‑6‑1979. Mr. Akhtar Ali, the learned Advocate -on‑Record appearing for the respondents/applicants submits that the dispute in the case pertains only to the land bearing khasra No.47/28, measuring 9 Kanals and 18 Marlas and that the dispute with regard to the remaining land stands finally concluded by the judgment and decree of the learned trial Court, dated 20‑6‑1972, which was never challenged by the present appellant (Mst. Akber Sultan). He further submits that leave to appeal was granted by the Court only in respect of Khasra No.47/28. We have examined the case in the light of the above submissions and find that leave was granted only in respect of Khasra No.47/28. Mr. Yaqoob Hussain Zaidi, Advocate‑on‑ Record for the appellant concedes this position and states that the status quo order dated 29‑9‑1979, may be clarified. In the circumstances, we clarify that the stay granted by this Court is only with regard to Khasra No.47/28 measuring 9 Kanals and 18 Marlas and the decree‑holders are entitled to possession of the other land which is not under dispute. AA./A‑769/S Stay order clarified.