SYED ZAHID HUSSAIN, J.---The dispute relates to a plot measuring 10 Marlas 150 sq. Ft. (Kharsra No,9026) Janak Nagar Lahore. The petitioner and respondent No,1 had been claiming to be the transferees of the same. They litigated up to the Hon'ble Supreme Court of Pakistan and C.A.No,798 of 1996 filed by the petitioner was dismissed as not pressed on 9-2-2001 remanding the matter to the Notified Officer on certain terms. Order. Dated 14-7-2003 was passed thereafter by the Notified Officer, which has been assailed through this petition.
2. The parties are represented through their learned counsel. They are also present in person.
During the course of hearing, as a result of deliberations and understanding a compromise mark 'A' accompanied by a site plan Mark 'IV duly signed by them has been filed in Court. It is urged by them that the petition may be disposed of in terms of the compromise. According to the compromise area measuring 3 Marlas 150 sq. Ft. Will be retained by the petitioner whereas the rest of the area i,e, 7 Marlas will remain with respondent No, 1.
3. Since settlement of disputes through compromise and amicable means is one of the recognized modes there is no factual or legal impediment in disposing of the matter in such a way. Recently added section 89-A of the Code of Civil Procedure, 1908 also empowers the Court to enable and encourage the parties to adopt ways and means for settling the disputes through Alternative Disputes Resolution (ADR) methods. Dispute resolution in such a way not only relieves the parties of expensive and lengthy agonizing litigation it also saves the valuable time of the Court. It may be observed that in disputes relating to evacuee properties compromise have been allowed by the Courts. For instance reference may be made to Muhammad Aslam v. Member Board of Revenue (Settlement and Rehabilitation Wing) Chief Settlement Commissioner and 6 others PLD 1980 SC 45 and Mst. Zahida Nasreen v. Chief Settlement Commissioner and others 2004 SCM R 323. In the instant matter even Settlement Department (respondents Nos.1 to 3) cannot have any legitimate grievance as the price of the disputed property already stand paid by both the parties. Let therefore, the parties be considered bound by the compromise arrived at between them. They may approach the Department, for necessary amendment in their title documents.
The petition is disposed of accordingly.