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1989 SCMR 519

ASHIQ ALI vs GHULAM MUHAMMAD and 3 others

Citation1989 SCMR 519
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No,614 of 1987
Date1988-05-21
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave to appeal refused

ORDER

' MUHAMMAD AFZAL ZULLAH, J.--The question raised by the learned counsel in connection with which he has addressed all his arguments, is one of identity and location of the property in dispute.

It has been resolved by the learned Courts below against the petitioner and by the High Court, in particular with reference to the petitioner's pleadings. The questions raised are essentially of facts which have been correctly determined against the petitioner. No justification having been made for interference by this Court. Leave to appeal is accordingly, refused.

2. The learned counsel for the petitioner, after hearing our order, pointed out that the petitioner would now raise the same pica before the executing Court. We instead of making any observation favourable to the petitioner in this behalf, which has perhaps been expected by the learned counsel, are of the view that if this controversy is again raised by the petitioner before the executing Court, that would not be an honest pursuit and would also amount to abuse of process of law.

3. With these observations this petition stands dismissed.

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