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1991 SCMR 1358

MUTALI And Another vs SHERA And 2 Other

Citation1991 SCMR 1358
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.313 of 1987 Petition No.46641 of 1986
Date1989-11-01
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
Resultappeal refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, J: --Leave to appeal has been sought in a consolidation matter; against the dismissal 'by the High Court, of petitioners' Constitutional Petition.

2. Learned counsel has contended that a piece of land obtained by the petitioners through exchange, which is near the block of the petitioners, could not have been given to the respondents side. And further that even if the latter had any interest in the land given in exchange he had no right in consolidation to get the land obtained by the petitioners in exchange.

3. The learned Judge in the High Court while dismissing the writ petition has observed as follows:-- "The factual controversy of the nature raised does not stand substantiated and the petitioners are to blame themselves for that. There is no pre-consolidation map filed so that this Court can appreciate the factual controversy which otherwise this Court is reluctant to entertain. This case has been pending on the file of this Court since 20th October, 1986 and it is too late in the day for the learned counsel to wake up and pray for time to get a copy of pre-consolidation map."

4. The map has not been produced even before this Court. Be that as it may, we having heard the learned counsel in support of this petition have not been able to find any such infirmity in the orders impugned before the High Court which would justify interference by that Court. Leave to appeal, accordingly, is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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