' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition has been filed against the judgment, dated 12- 8-2004 passed by Lahore High Court, Lahore. Concluding para. Therefrom is reproduced hereinbelow:-- "(4) The case was fixed on 10-8-2004. Office was directed to send notice to respondent No,1 at the expense of the petitioner for today. Respondent No,1 failed to enter appearance. The earlier writ petition was disposed of and granted time to the petitioner on his request till 12-8-2004, therefore, this Constitutional petition is not maintainable as per law laid down by the Honourable Supreme Court in Maqbool Elahi's case 1988 SCM R 1247."
2. #TS##When we inquired from the learned counsel that as to why the commitment made by him before the High Court to hand over vacant possession till 12th August, 2004 has not been honoured and for which he has offered lame excuses. Simultaneously another round of litigation has been started by him. Thus, we are of the opinion that the petitioner is causing harassment for respondent by indulging into frivolous litigation and due to his this attitude we wanted to impose heavy cost upon him so he may avoid such litigation in future.
3. On this learned counsel submitted that petitioner will hand over vacant and peaceful possession of the premises to the respondent on or before 3rd January, 2005 and will not press this petition.
Reluctantly we accede to his request. However, petitioner who is present in person is directed in clear terms to hand over the vacant possession of the premises to the respondent without fail on or before 3rd January, 2005 and submit report to the Assistant Registrar of this Court through his Advocate Supreme Court and Advocate-on-Record, who shall place it before us in Chambers for passing appropriate orders if need be.