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PLD 1989 Supreme Court 246

A BDUL REHMAN vs MEMBER (REVENUE), BOARD OF REVENUE, PUNJAB, LAHORE

CitationPLD 1989 Supreme Court 246
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,274 of 1984
Date1989-02-21
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal, Syed Usman Ali Shah
ResultLeave z fused.

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought against the dismissal by the High Court of Constitutional petition filed by the petitioner. It had arisen out of\ mutation of inheritance.

2. ' It is stated by the learned counsel that the subject-matter of the dispute in this case has already been taken to the ',Civil Court and is pending adjudication. The learned Judge in the High Court while dismissing the writ petition observed as follows:-- "The mutations of inheritance even if attested by t e Revenue officials will be subject to the decision of the Civil Court in the suit pending between the parties. I, therefore, find no ground. For interference by this Court in writ jurisdiction at this stage."

3. ' It is well-known established practice of the High Court that it does not interfere with the mutation orders (other than those relating to evacuee property). The practice is salutary and the discretion is A refused on sound principle. Legally also the resort to remedy through civil suit before a Court of general jurisdiction, is an adequate alternative remedy. That being so there is no force in this petition. Leave to appeal, therefore, is refused.

Cited by 4 cases

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