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2010 SCMR 583

ABDUL KHALID and others vs PROVINCE OF SINDH and others

Citation2010 SCMR 583
CourtSupreme Court of Pakistan
Case No.Civil Petition No,32-K of 2010
Date2010-02-04
Judge(s)Khilji Arif Hussain, Jawwad S. Khawaja, Anwar Zaheer Jamali
ResultOrder accordingly

ORDER

' JAWWAD S. KHAWAJA, J.--- The petitioners impugn the order, dated 11-11-2009 passed by a learned Division Bench of the High Court. It is stated in the said order that the same has been passed by consent of the parties. If this is indeed so, then an appeal would not be competent.

Learned counsel for the petitioners, however, stated that the petitioners or their learned counsel in the High Court had not consented to the said order. He also referred to an affidavit of the said counsel. We are afraid, this contention cannot be accepted considering that two honourable Judges of the High Court have noted that consent was given by or on behalf of the petitioners.

2. In the foregoing circumstances, this petition is dismissed. However, this order shall not preclude the petitioners from moving an appropriate application before the High Court, if so advised.

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