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1999 SCMR 2380

MUHAMMAD WARIS ALI vs DEPUTY COMMISSIONER, SHEIKHUPURA and others

Citation1999 SCMR 2380
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1644-L of 1998
Date1998-11-20
Judge(s)Irshad Hasan Khan, Raja Afrasiab Khan
ResultLeave to appeal refused

ORDER

' IRSHAD HASAN KHAN, J.---This petition is directed against the judgments of Lahore High Court, Lahore dated 26-6-1998 and 25-8-1998 passed in W.P. No, 1263 of 1998 and I.C.A No, 573 of 1998 respectively.

2. It is not denied that civil suit on the same subject-matter is pending before Mr. Mohsin Abbas, Civil Judge, Sheikhupura. The learned Single Judge of the Lahore High Court, was, therefore, right in declining to exercise his discretionary jurisdiction under Article 199 of the Constitution by dismissing the writ petition filed by the petitioner, challenging the order dated 17-6-1998. Passed by the Deputy Commissioner, Sheikhupura, whereby the possession of the disputed land was directed to be delivered to respondent No,8 herein.

3. The learned Members of the Division Bench of the High Court were right in dismissing the Intra- Court Appeal, filed by the Petitioner in limine on the same ground. Clearly, the impugned orders are based on sound reasons warranting no interference.

4. Resultantly, the petition is dismissed and leave declined.

Cited by 2 cases

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