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Civil Petition for Special Leave to Appeal No. 25 of 1979, decided on 10th March, 1980.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 5‑10‑1978 in W. P. 5718 of 1978).
‑--Art. 199‑Writ jurisdiction‑High Court refusing to grant stay‑ Order being a discretionary order and subject to final determination as and when writ petition finally disposed of, leave to appeal refused -Constitution of Pakistan (1973), Art. 185(3).‑[Injunction].
Nazir Ahmad Cheema, Advocate and Kh. Wali Muhammad, Advocate- on‑Record for Petitioner.
Syed Muhammad Anwar, Advocate and S. Abid Nawaz, Advocate‑on- Record for Respondent No. 1.
Date of hearing : 10th March, 1980.
‑The petitioner seeks special leave to appeal against the order of the Lahore High Court, Lahore, dated 5th of December, 1978, by which it refused to stay the execution of the order dated 13th of April, 1978, while admitting his writ petition No. 5718 of 1978 to a regular hearing.
The respondent herein is the daughter of the petitioner who resides separately with her mother. She was allowed maintenance at the rate of Rs. 50 p. m. by a Magistrate, 1st Class, Sialkot, by his order dated 15th of September, 1966. Subsequently, she filed an application before the Family Judge for its enhancement under section 489, Cr. P. C. on 20th of June, 1974, which was dismissed on 4th of April, 1975. Against this order an appeal was taken to the District Judge and an Additional District Judge who heard it remanded the case for a decision afresh treating the application as one filed under section 488, Cr. P. C. On remand the Family Judge, by order dated 21st of February, 1977, enhanced the amount to Rs. 150 p. m. payable from 26th of June, 1976. The petitioner challenged this order before the District Judge who again remanded it to the Family Judge to consider the matter afresh in the light of the fact that she had attained majority and refused to reside with the petitioner. On remand, the Family Judge again upheld his order and an appeal against it was dismissed on 16th of November, 1978. The petitioner, thereafter, assailed this order in Writ Petition No. 5718 of 1978.
In seeking leave to appeal the learned counsel for the petitioner questioned the propriety of the order of the High Court in refusing to grant stay on the premise that it was not legally recoverable but we do not see any sub stance in it as it is a discretionary order subject to final determination as and when the writ petition is finally disposed of.
The petition has no substance and is hereby dismissed.
Petition dismissed.
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