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2012 MLD 447

Mst. NAZIR BEGUM and 2 others vs Mst. MUKHTAR BEGUM and 13 others

Citation2012 MLD 447
CourtLahore High Court
Case No.Civil Revision No,1303 of 2004
Date2010-10-26
Judge(s)Nasir Saeed Sheikh
ResultPetition dismissed

ORDER

' NASIR SAEED SHEIKH, J.-This civil revision is directed against the order dated 1-4-2004, passed by the learned Additional District Judge, Lahore, whereby, in an appeal preferred by the respondents against the judgment and decree of the learned trial court Dated 1-12-2000, passed in a suit for possession through partition of property bearing House No,4, Street No,4, Main Bazar, Kotli Pir Abdul Rehman, Tehsil and District, Lahore, the matter was remanded back on the ground that one Amin-ud-Din, real brother of Ali Muhammad, was not imploaded in the original suit and the learned Civil Judge was directed to implead the legal heirs of said deceased Amin-ud-Din and then decide the matter in accordance with law.

2. The learned counsel appearing on behalf of the petitioners submits that the declaration sought with regard to gift of the subject property has already been decided in the civil suit by the learned Civil Judge in favour of the petitioners. However, the learned counsel has no objection that the remand order dated '1-4-2004 be maintained and the civil suit be directed to be disposed of expeditiously.

3. This civil revision is directed against a remand order in which one of the joint owners of the subject property Amin-ud-Din deceased, brother of Ali Muhammad deceased, was not impleaded.

This order passed by the learned Additional District Judge is in accordance with law and no illegality is found in the remand order. This civil revision has no merits and is dismissed with no orders as to costs.

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