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WALI MUHAMMAD versus KHUSHDIL


Article 4 ((High)) Applicants leave the appeal of the review petition filed against the petitioners by the High Court on the advice of the parties and the consent of the applicant which he filed suit land respondents. The sale price is paid to the seller. \ The lawyer who agreed to pay such amount and accordingly approved the leave application for an appeal approved under this decree.

1982 S C M R 1012(1)

Present : Shah Nawaz Khan and M. S. H. Qureshi, JJ

WALI MUHAMMAD‑Petitioner

Versus

KHUSHDIL AND OTHERS‑Respondents

Civil Petition No. 7‑P of 1982, decided on 9th February, 1982.

(On appeal from the judgment and order dated 2‑12‑1981 of the Pesha war High Court .in Civil Revision No. 201 of 1979).

Constitution of Pakistan (1973)‑

----Art. 185(3)‑Leave to appeal‑Revision petition filed by petitioner against respondents decided by High Court with consent of counsel of parties and petitioner's counsel agreeing to get a specific amount which he paid to vendor by way of sale price of suit land‑Respondents' counsel agreeing to pay such amount and decree passed accordingly Petition for leave to appeal dismissed in circumstances.

S. Safdar Hussain, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 9th February 1982.

ORDER

SHAH NAWAZ KHAN, J.

‑The impugned order of the High Court shows that Civil Revision Petition No. 201 of 1979 filed by the present petitioner Wali Muhammad against the present respondents Khushdil etc. was decided before the High Court with the consent of the learned counsel for the parties and the learned counsel for Wali Muhammad present petitioner had agreed to get Rs. 60,000 which he had paid to the vendor by way of sale price of the suit land. The learned counsel for the present respondents bad agreed to pay that amount and a decree was passed accordingly.

In these circumstances, the present petition of Wali, Muhammad for special leave to appeal against the judgment of Mr. Justice S. Usman Ali Shah, as he then was, in Civil Revision Petition No. 201 of 1979 dated 2‑12‑1981 cannot be allowed. This petition is, therefore, dismissed without any further action.

Petition dismissed.

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