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Civil Petition for Special Leave to Appeal No. 969 of 1975, decided on
24th February 1981.,
(On appeal from the judgment and order of the Lahore High Court dated 21st May 1975, in C. M. 2058 of 1975).
----0---XXXIX-Interlocutory orders-Observations in orders disposing of interlocutory applications-Always of a tentative nature Grievance that petitioner has been prejudiced by such observa tions-Held, not justified..
Syed Zainul Abidin, Advocate and Sh. Masud Akhtar, Advocate-on-Record for Petitioner.
Ejaz Ahmed Khan, Advocate-on-Record and Ch. Hamiduddin, Advocate for Respondent No. 1.
Date of hearing : 24th February 1981).
-Mr. Zainul Abidin stated that this petition has been filed only because the petitioner was aggrieved by the observations of the High Court which have been specified in paragraph 1 of the petition for leave. And, learned counsel stated that these observations wore incorrect, because they were contrary to the inspection note of the District Judge, which has been filed in the Paper Book at page 55.
The observations by which the petitioner is aggrieved have been made by the High Court whilst' disposing of a claim for interlocutory relief, and it is settled law that observations in orders disposing of interlocutory appli cations are always of a tentative nature. Therefore, the petitioner's grievance that he has been prejudiced by these observations is not justified. However, we clarify that the Civil Judge, who is trying the suit, will decide the case according to the evidence before him and if necessary, he will inspect the premises in dispute. In view of these observations Mr. Zainul Abidin does not press the petition. However, on our enquiries, we were shocked to find that the impugned order arises out of a suit which was filed in 1973, but has not yet been decided. We, therefore, direct the trial Court to decide the suit before the end of the long vacation.
The petition is dismissed subject to the above-mentioned observations.
Petition dismissed.
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