' IRSHAD HASAN KHAN, J.---The dispute herein relates to allotment obtained by Syed Bashir Hussain Shah, the predecesor-in-interest of the present petitioner in Khata No,556 R.O.II of village Sadoki for 793 Kanals, 11 Marlas of land against 1278 P.I. Units which had stood transferred to Sadoki, Lahore from Gujrat District vide Report No,373 dated 17-3-1962 in the Revenue Record.
2. On 19-11-1996, Asama Tariq, respondent No,2 herein had filed a suit for permanent injunction and declaration, challenging the allotment in dispute, which had earlier been upheld by this Court in favour of the petitioners vide judgment dated 3-4-1996 in Civil Petition No,1411-L of 1995. Review petition filed against the said judgment was also dismissed on 11-11-1996 passed in Civil Review No,70-L of 1996.
' However, the trial Court dismissed the suit vide judgment dated 11-7-1997 on the ground that the controversy stood finally decided by this Court. The appeal filed by the respondent was also dismissed by Additional District Judge on 10-9-1997. Asama Tariq respondent No,2 then approached the Collector/Deputy Commissioner, Lahore on the ground that the land in dispute was included in his ownership as well as his brother Khubaib Ahmed Khan as a result of consolidation proceedings on the basis of Register Haqdaran Zamin for the year 1988-89.
3. Mian Nusratullah, Senior Advocate Supreme Court, learned counsel for respondent No,2 has also argued that the proceedings now pending before the Collector are distinct and separate from the subject-matter of the earlier litigation between the parties which culminated in the judgment of this Court dated 11-11-1996. The matter requires serious consideration whether the respondent is guilty of abuse of the process of law and contempt of Court by approaching the Collector notwithstanding the finality of the judgment rendered by this Court in the earlier round of litigation.
At this stage Dr. A Basit, learned counsel for the petitioners seeks adjournment to place relevant documents on record in support of his contention. This is not opposed by Mian Nusratullah.
Resultantly, the parties may, if so desired, produce additional documents in support of their respective contentions within 10 days. Meanwhile, the proceedings in the case of Asama Tariq v.
Malik Habib Ullah and Pakistan Expatriates Cooperative Housing Society, Lahore, pending before the A.D.C. (G) Headquarters Lahore,, are stayed till the final disposal of Criminal Original.