MALIK INAYAT-UR-REHMAN J.---The instant Writ Petition bearing No. 243/2020 has been filed by the present petitioner/plaintiff against the impugned judgment / order dated G5.09.2020 passed by the learned Additional District Judge Gilgit, whereby the learned Additional District Judge has maintained the impugned judgment/order dated 20-02-2020 passed by the learned Civil Judge II Gilgit, hence this writ petition.
2. Briefly stated facts giving rise to the filing of the instant writ petition are that the present petitioner/plaintiff had filed a civil suit against the respondent/ defendant and others for declaration that he is owner of disputed land measuring 25 Kanal bearing Khasra Nos. 46 and 146 situated in Barmas Gilgit. Now the case of the petitioner is that a road has been constructed on a portion of disputed land whereas award of the said acquired land has been prepared in the name of respondent/defendant and compensation amount Rs. 74859/- has been paid to the respondent/defendant but the petitioner/ plaintiff has sought that aforementioned amount be deposited in the Court. During pendency of the case the present respondent/defendant filed an application under section 10, C.P.C. before the trial Court to keep the suit in sine die with the contention that a case regarding disputed land from where road has been constructed is subjudice before the Hon'ble Supreme Appellate Court G-B. The learned trial Court after hearing arguments of the parties allowed the said application and passed order to keep the suit in sine die till decision of the case pending before Hon'ble Supreme Appellate Court G-B vide order dated' 20- 02-2020.
3. Being aggrieved and dissatisfied with the order of learned trial Court the petitioner/plaintiff has filed a revision petition before the District Court Gilgit bearing No: 11/2020 which was also dismissed by the Additional District Judge maintaining the judgment/order dated 20.02:2020 passed by the learned trial Court, hence this writ petition.
4. The learned counsel for the petitioner argued that both the learned. Courts below have passed the impugned judgments/orders in hasty manner and wrongly constructed the basic wisdom of section 10, C.P.C, hence both the judgments/orders passed by the learned lower Courts are liable to be set aside. He further contended that the Civil Suit No. 04/1991 titled "Faiz Ali v. Niaz Ali" has been filed by the respondent in Civil Court for declaration etc, which has no relevancy with the present Civil Suit bearing No. 36/2020, therefore, the respondent has wrongly filed the application under section 10, C.P.C. and the judgments/orders passed by both the lower Courts are not maintainable and liable to be set aside. The learned counsel prayed that by accepting this writ petition this Court may set aside both the impugned judgments/orders passed by the learned Additional District Judge Gilgit on 05-08-2020 and dated 20-02-2020 passed by the learned Civil Court Gilgit and the Suit of the, petitioner may be remanded back to the trial Court for adjudication on merits to meet the ends of justice.
5. The learned defence, counsel opposed the arguments advanced by the learned counsel for the petitioner and submitted that the case of the petitioner is already pending before the Hon'ble Supreme Appellate Court for adjudication. He further argued that for the lands which have been acquired by the Government for construction of Link Road at Barmas Gilgit an Award No. DK-1 (Barmas)/1544-45/2011 passed by the Collector and is part of the suit land 'which is pending before the Hon'ble Supreme Appellate Court. Section 10, C.P.C. is to avoid divergent judgments of different Courts regarding similar matter. The learned lower Courts and this Court also have given their findings regarding disputed land which is pending before Hon'ble Supreme Appellate Court therefore, the instant writ petition is not maintainable and liable to be dismissed
6. We have considered the arguments of the parties and also gone through the record made available on file.
7. It is evident from record that a portion of disputed land has been acquired by the Government for construction of link road at Barmas Gilgit and the suit regarding the disputed land is pending before the Hon'ble Supreme Appellate Court for adjudication and now the petitioner wants direction from this Court to set aside the impugned judgments/ orders passed by the lower Courts on the petition filed by the respondent under section 10, C.P.C. Object of providing section 10, C.P.C. is to avoid divergent judgments and opinions of different Courts regarding similar matter. The learned trial Court, the Fire Appellate Court and this Court also have given their findings regarding the disputed land and now the matter is subjudice before the Hon'ble Supreme Appellate Court G- B.
8. The learned lower Courts have rightly exercised their jurisdiction vested in them as the judgments/orders dated 20-02-2020 passed by the learned Civil Judge Gilgit and dated 05-09- 2020 passed by the learned Additional District Judge Gilgit carry no any irregularity and illegality in than hence do not warrant interference in this revision.
9. In the view of above the judgments/orders dated 20-02-2020 passed by the learned Civil Judge Gilgit and dated 09-09-2020 passed by the learned Additional District Judge Gilgit are here by maintained. The instant writ petition is disposed of findings it meritless. File be consigned to record after due completion. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.