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2007 YLR 294

MUHAMMAD RAFIQUE and another vs FAQIR MUHAMMAD and 3 others

Citation2007 YLR 294
CourtLahore High Court
Case No.Writ Petition No,13468 of 2005
Date2006-05-18
Judge(s)Mian Muhammad Najum-uz-Zaman
ResultOrder accordingly

ORDER

MIAN MUHAMMAD NAJAMUZ-ZAMAN, J.---With regard to the property i.e, Plot No,151-A situated at Kashmir Road, Ghulam Muhammad Abad, Faisalabad measuring 11 Marlas, 28 Sq. Feet, proceedings under sections 145/146, Cr.P.C. Under the title 'Faqir Muhammad and another v. Malik Abdul Shafique and another' were initiated by learned Special Magistrate, Faisalabad who vide order, dated 8-10-2004 while keeping in view the law and order situation at the site directed the S.H.O. Concerned to seal the property. This order was assailed before Additional Sessions Judge, Faisalabad through revision petition which was dismissed vide order, dated 10-5-2006 and through this constitutional petition legality of both the said orders has been challenged.

2. After hearing learned counsel for the parties and perusing the record, I have observed that the land in dispute is also the subject-matter of two civil suits i.e, suit for injunction i.e, "Javed Iqbal v.

Malik Abdul Shafique" filed by respondent No,2 and "Muhammad Rafique v. Punjab Housing and Town Planning" filed by the petitioner side. Both the said suits are pending before the competent forum for the last two years and the fate of the land in dispute rests upon the decision of the said civil suits. In such-like situation instead of interfering with the impugned order, it will be appropriate if the civil Court is directed to proceed with the said matters expeditiously and to decide the cases within five months. Orders accordingly. Disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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