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1990 SCMR 680

MAHMOOD and 9 others vs AHMAD YAR and 5 others

Citation1990 SCMR 680
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,1036 of 1985
Date1989-06-12
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultPetition accepted

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought; against the dismissal by the High Court, of petitioners' Writ Petition. It had arisen out of the allotment of State land.

2. ' We have heard the learned counsel for both the contesting parties. They felt aggrieved by the orders of the Board of Revenue. The respondents' Writ Petition is still pending in the High Court while the petitioners' writ petition having been dismissed they have sought leave to appeal.

3. Although it is not possible to hold that keeping in view the chronological order in which various orders in this matter were passed, it would not be correct to say that the two Writ Petitions in the High Court were to be treated as counter Writ Petitions to each other; yet, both the learned counsel have agreed that the subject-matter of dispute in both of them was such that their joint disposal would have met the ends of justice.

4. ' We agree with this approach to the dispute involved in this case and convert this petition into appeal and allow the same with the order of remand. This case shall be heard, afresh with Writ Petition No,3527 of 1985 filed from the respondents' side and both shall be disposed of together.

5. There shall be no order as to costs.

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