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1989 SCMR 1116

LAHORE MUNICIPAL CORPORATION vs BARKAT ALI and others

Citation1989 SCMR 1116
CourtSupreme Court of Pakistan
Case No.Civil Petition No,212 of 1984
Date1988-09-30
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal, by the Lahore Municipal Corporation, is directed against an interim order passed by the Intra-Court Appeal Bench of the Lahore High Court; whereby, while admitting an Intra-Court appeal filed by the respondents side, the petitioner was directed not to "disturb" the respondents till the final disposal of the appeal.

2. ' The present challenge is to the aforementioned interim order. According to the learned counsel, the respondents keep and maintain milch cattle within the boundaries of the Municipal Corporation Lahore. They are not only cause for delay in the proper and permanent development of the city; but, also cause serious nuisance and sometimes are responsible for accidents. Thus the question of public hazard is also involved.

3. ' The respondents' writ petition was dismissed by a learned single Judge. It involved consideration, amongst others of the circumstance that the respondents had been provided adequate alternative arrangements. Notwithstanding the same they had insisted on maintenance of the status quo regarding keeping of the cattle in the city. The learned Intra-Court Appeal Bench of the High Court considered it a fit case for re-examination, admitted the appeal and passed the aforenoted interim order, which has been challenged in this petition for leave to appeal.

4. ' Learned counsel states that the Intra-Court Appeal has not yet been disposed of.

5. After hearing the learned counsel, although with regard to the propriety to grant the impugned order, could be examined on various grounds; yet, keeping in view the practice of this Court to keep interference with the discretionary interim orders passed by the High Court, at the minimum we refrain from doing so. Therefore, for this reason alone, we do not consider it a fit case for the grant of leave to appeal. The petitioner, however, is directed to make a request to the Hon'ble Chief Justice of the High Court for a very early disposal of the Intra Court Appeal.

6. ' This petition with the foregoing observations, is accordingly dismissed.

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