ANWAR ZAHEER JAMALI, J.---After hearing the parties' counsel at some length, leave to appeal is granted in this petition, inter alia, to examine following points:--
(i) Whether availability of remedy of appeal to the respondents against the order of the EDO(Revenue), Mirpur Khas dated 24-9-2010 was not an adequate and effective alternate remedy, which respondents failed to avail.
(ii) Whether exercise of jurisdiction under Article 199 of the Constitution by the learned Division Bench for passing the impugned judgment was an appropriate exercise of such jurisdiction, moreso when the petitioner agitates that no due opportunity of hearing was afforded to her before passing the impugned judgment.
(iii) Whether filing of suit for declaration and permanent injunction by the petitioner for challenging old mutation entries in the Revenue Record, and a judgment to this effect delivered by the Civil Court on 30-8-2010 were not material facts for resolving the controversy between the parties as regards the inheritance claim of all the legal heirs of deceased Muhammad Jaleel, which the learned Division Bench failed to take into consideration while passing its impugned judgment.
2. Appeal paper-book be prepared on the basis of available record however, both the parties are at liberty to file additional documents within one month's time. Office is directed to fix this case in Court within one year from the date of this order.