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1986 SCMR 973

MUHAMMAD RAFIQ vs KHUSHI MUHAMMAD

Citation1986 SCMR 973
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 783 and 784 of 1985 Regular First Appeals Nos. 59 and 53
Date1985-11-11
Judge(s)Nasim Hasan Shah, S. A. Nusrat
ResultPetitions dismissed

ORDER

S.A. NUSRAT, J.--This order will dispose of the above-mentioned two petitions for leave to appeal which arise out of a common order passed on an interlocutory application by the Lahore High Court, Lahore. The respondents in the two cases had brought pre-emption suits in respect of two different suit properties. The suits were decreed on 23-1-1985. The judgments and decrees passed in the two suits were challenged in Regular First Appeals before the learned High Court where the petitioner made an application for the stay of the execution proceedings pending disposal of his appeals.

2. The learned High Court called for a report and was informed by the executing Court that the impugned decrees had already been executed and possession thereof delivered to the decree- holder. In the circumstances, the High Court found that the question of suspension of the impugned decrees did not arise and the stay applications were dismissed.

3. In view of the facts, the order passed by the learned High Court is unexceptionable. The petitions have no merits and dismissed accordingly.

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