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2003 SCMR 1319

LAHORE DEVELOPMENT AUTHORITY through Director-General vs ADDITIONAL DISTRICT JUDGE, LAHORE and others

Citation2003 SCMR 1319
CourtSupreme Court of Pakistan
Case No.Civil Petition No,897-L of 2002
Date2002-06-05
Judge(s)Iftikhar Muhammad Chaudhry, Khalil-ur-Rehman Ramday, Tanvir Ahmed
ResultPetition dismissed

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 12th March, 2002 passed by Lahore High Court, Lahore whereby writ petition filed by petitioners has been dismissed.

2. Precisely stating the facts of the case are that respondent No,3 filed a suit for declaration with consequential relief against the petitioners before the Civil Judge, Lahore who vide judgment decree, dated 19th April 1992 decreed the same to the extent of declaration and respondent No,3 was directed to purchase the shop in question at the market rate. The petitioner and respondent No,3 being aggrieved filed two appeals before the learned Additional District Judge, Lahore who vide judgment decree dated 7th December 1992 accepted the appeal of the petitioner and dismissed the appeal of respondent No,3. The aggrieved party i.e, respondent No,3 tiled two revisions before Lahore High Court, Lahore, which were accepted vide judgment, dated 1st March, 1999. The petitioners being aggrieved by the aforesaid order of the learned High Court, tiled application for setting aside the order, dated 1st March, 1999 before Lahore High Court, Lahore but without success as the same was dismissed vide order, dated 20th June, 2000. The petitioners feeling dissatisfied from the order of learned High Court, filed two Civil Petitions Nos.2535-L and 2536-L of 2000, which were dismissed by this Court vide judgment, dated 24th July, 2001.

3. Respondent No,3 filed execution application before the Executing Court. The petitioners tiled objection petition before the Executing Court which was dismissed by the Executing Court vide order, dated 2nd November, 2001. Against the order of the Executing Court, petitioners appealed before Additional District Judge, Lahore who vide order, dated 23rd December 2001 dismissed the appeal filed by petitioners. Petitioners feeling aggrieved from the judgments of the Trial and Appellate Courts filed writ petition before Lahore High Court, Lahore which has been dismissed by means of impugned judgment. As such instant petition has been filed.

4. We have heard the learned counsel for petitioners and have also gone through the impugned judgment as well as the judgment dated 24th July, 2001 passed by this Court, carefully. As in instant case, judgment, operating against the petitioners, passed by Lahore High Court, Lahore dated 20th June, 2000 in C.M.A. No,296/2000 in C.R. No,340 of 1993 has been maintained by this Court, moreover, controversy between the parties has been considered by the learned High Court as well as by all the Courts below in detail, therefore, we are of the opinion that impugned order is just and proper in view of the facts and circumstances of the case.

' Thus, in view of above position, we are of the opinion that no case is made out for interference by this Court in exercise of jurisdiction under Article 185(3) of the Constitution of Islamic Republic of Pakistan. As such petition is dismissed and leave declined.

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