' NASIR SAEED SHEIKH, J.---It is contended by the learned counsel for the appellants that the judgment passed by the learned District Judge, Chiniot under section. 11 of The Punjab Auqaf Property Ordinance, 1979 was announced on 9-12-2011 and a period of 60 days was available to the appellants for filing an appeal as per provisions of section 12 of The Punjab Waqf Properties Ordinance, 1979. The appellants were delivered certified copy of the judgment dated 9-12-2011 on 4-1-2012 and the appellants instituted the appeal in the Office of the High Court on 7-2-2012 within time and the office objections were raised but no intimation was given to the appellants and it was on 10th February, 2012 that the memorandum of appeal was returned to the appellants for removal of those objections within a period of three days and the appellants removed the objections and refiled the appeal on 11-2-2012 within the prescribed period. The learned counsel, contends that again on 16-2-2012 certain office objections were raised by the office for which purpose the return of memorandum of appeal was not necessary and the office, could have retained the memorandum of appeal and could have directed the appellants to remove the office' objections.
The return of the memorandum of appeal by the office to the appellants is not a legal act therefore the appeal of the appellants cannot be described to be barred by limitation. In this respect the learned counsel for the appellants has relied upon the judgments reported as "Muhammad Ahmad v. Muhammad All and another (PLD' 1996 Lahore 158) and "Abdul Rasheed through L.Rs. And others v. Manzoor Ahmad and others" (PLD 2007 Supreme Court 287).
2. Subject to the question of limitation to be finally resolved at the ultimate hearing of the appeal this FAO is admitted to regular hearing. Issue notices to the respondents. Record of the learned trial court be also requisitioned.
C.M.No. 1-C-2012
3. There is some urgency as the appellants claim possession over the subject property.. Issue notices to be respondents on this C.M. For 30-4-2012. The learned Addl. Advocate-General who has attended the ease on Court's call is directed to communicate to the respondents to arrange for their representation in this case on the next date of hearing.
Appeal admitted.