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K.L.R. 2004 S.C. 45

Muhammad Tufail And Other vs Ubedul Haq And Other

CitationK.L.R. 2004 S.C. 45
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeals Nos. 806, 807, 808 and 809-L of 2003
Date2003-05-23
Judge(s)Falak Sher, Khalil-ur-Rehman Ramday, Karamat Nazir Bhandari
ResultPetitioners Dismissed.

ORDER

KHALIL-UR-REHMAN RAMDAY, J.- This order shall dispose of C.P.L.A. Nos. 806, 807, 808 and 809-L of 2003 as they arise out of the same consolidated judgment of the Lahore High Court dated 23.1.2003 passed in Civil Revisions Nos. 1262, 1263, 1264 and 1265 of 1995.

2. Having examined all aspects of the matter we find that the real question which required determination in the suits filed which had led to the above mentioned revision petitions, was whether the defendants had or had not encroached upon the property owned by the plaintiffs. For the reasons recorded therein the learned Judge in Chambers and further found that the said controversy had remained unresolved, It was the view of the learned Single Judge that the only way to settle the issue was to proceed in terms of Rules 1, 2 and 3 of Chapter I-M of Volume-I of the High Court Rules and Orders and the Hon'ble High Court directed accordingly after setting aside the judgments of the learned Subordinate Courts and by remanding the matter back to the learned Trial Court.

3. The learned counsel for the petitioners could not point out any illegality in the impugned judgment-of- the Hon'ble High Court which could justify grant of leave in the matter. These petitions are, therefore, dismissed. Leave refused

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