Pakistan Case Lawโ† Search
2010 CLC 801

Rana SAEED AHMED and 5 others vs NASIR AHMAD and 8 others

Citation2010 CLC 801
CourtLahore High Court
Case No.Writ Petition No,20492 of 2009
Date2010-01-22
Judge(s)Asif Saeed Khan Khosa
ResultCase remanded

ORDER

' ASIF SAEED KHAN KHOSA, J.--- Through this writ petition the petitioners have called in question the order dated 2-7-2009 passed by the learned Additional Sessions Judge, Pattoki, District Kasur whereby a complaint filed by respondent No,1 against respondent No,4 under the Illegal Dispossession Act, 2005 had been disposed of in a particular manner.

2. The petitioners have agitated before this Court that as a matter of fact they were and are owners in possession of the relevant parcel of land but respondents Nos.1 to 3 and respondents Nos.4 to 6 had colluded with each other for depriving the petitioners of their possession through filing a collusive complaint under the Illegal Dispossession Act, 2005. The said stand of the petitioners has vehemently been contested by the learned counsel for respondents Nos.1 to 3 as well as the learned counsel for respondents Nos.4 to 6. However, during the hearing of this petition a consensus has emerged between the learned counsel for the parties that it shall serve the interests of justice if the impugned order passed by the learned Additional Sessions Judge, Pattoki, District Kasur on 2-7-2009 is set aside and the matter is remanded to the learned Additional Sessions Judge for reconsideration and re-decision of the matter after affording an opportunity to the petitioners to advance their case before him. In the peculiar circumstances of this case I have found the above-mentioned consensus to be fostering the ends of justice and, thus, liable to be accepted. This writ petition is, therefore, allowed with no order as to costs, the impugned order passed by the learned Additional Sessions Judge, Pattoki, District Kasur on 2-7-2009 is set aside and the matter is remanded to the learned Additional Sessions Judge, Pattoki, District Kasur for reconsidering and re-deciding the matter after affording an opportunity to the petitioners to advance their case before him. The learned Additional Sessions Judge, Pattoki, District Kasur shall complete the exercise within the next four weeks.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch