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2010 CLC 739

ABDUL RASHID ANSARI vs JAZZ MOBILINK CO. through Director Engineer and

Citation2010 CLC 739
CourtLahore High Court
Case No.Civil Revision No,1358 of 2009
Date2009-10-28
Judge(s)Sh. Azmat Saeed
ResultPetition dismissed

ORDER

' SH. AZMAT SAEED, J.--- This civil revision is directed against the appellate judgment and decree dated 24-6-2009 whereby the appeal filed by the petitioner against the judgment and decree dated 14-4-2009 was dismissed.

2. Brief facts necessary for adjudication of the lis are; that the petitioner filed a suit for permanent injunction against the respondents claiming to be owner of property in dispute measuring 5 Marlas and seeking an injunction against the respondents from raising tower thereupon. The suit was resisted. However, it was dismissed by the trial Court vide judgment and decree dated 14-4-2009.

Aggrieved, the petitioner filed an appeal which was also dismissed vide impugned appellate judgment and decree dated 24-6-2009.

3. Petitioner and the counsel for the respondents have been heard. Since the petitioner is appearing in person, the learned A.A.-G. Was also asked to assist the Court on his behalf.

4. It is the case of the petitioner that he purchased the property in dispute i,e, land measuring 5 Marlas through registered sale-deed, the possession whereof he has obtained through the execution of the decree of the Court. However, the respondents had dispossessed him and was now raising the tower. It appears from the record that there are several previous rounds of litigation whereas the petitioner had raised the same claim with regard to the same property on the same grounds. The matter eventually more than one reached the honourable Supreme Court of Pakistan and finally vide judgment dated 30-11-2006 the apex Court concluded that the petitioner had no right over the property in dispute. It is on the basis of the afore-said judgment of the honourable Supreme Court that the trial Court dismissed the suit which judgment was maintained in appeal.

There can be no escape from the fact that the controversy now attempted to be raised has already been decided by the honourable Supreme Court vide judgment dated 30-11-2006, hence, suit of the petitioner has rightly been dismissed. No exception can be taken to the impugned judgments and decrees. This petition is without merit and is dismissed.

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