1. ' MUHAMMAD AFZAL ZULLAH, J.-- This petition for leave to appeal arises out of an urban settlement case relating to the auction of a unit in a composite property. The petitioner was successful in one auction but having failed to pay the full earnest money, the auction in his favour was cancelled in 1965. In a subsequent auction in 1973, the respondent succeeded. This was challenged by the petitioner on the basis of certain points relatable to his own purchase and order of cancellation thereof and succeeded before the settlement authority.
2. The High Court, however, on respondents' constitutional petition, restored his auction pruchase on various grounds including petitioner's A negligence, belated challenge in the first round appeal (after nearly eight years) and the respondent being a bona fide purchaser.
3. ' Learned counsel has tried to meet all these points with reference to purely legal position. The petitioner, as respondent might have succeeded in the High Court on these consideration; but here he is seeking relief in the discretionary jurisdiction of this Court. We on account of silence of the petitioner for eight years would not exercise the same. Leave accordingly is refused.