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Civil Appeal No. 87 of 1979, decided on 22nd June,
1980.
(In the matter of Civil Miscellaneous Petition No. 40‑R of 1980).
Constitution of Pakistan (1973)‑
‑‑‑ Art. 185(3)‑Respondents praying for m edification or recall of interim order of stay or to be allowed to recover half of decretal amount on executing personal security for reason of their being entitled to compensation amount‑Interim order having been subsequently confirmed, case, held, not fit for modifying or recalling interim order but respondents allowed to withdraw compensation amount deposited in Court without prejudice to their rights in appeal.
Ch. Akhtar Ali, Advocate‑on‑Record for Appellant.
M. A. Siddiqi, Advocate‑on‑Record for Respondent.
Date of hearing : 22nd June, 1980.
‑Mr. M. A. Siddiqii, Advocate‑on‑Record for the respondents, prays that the order of this Court dated 6th of October, 1979 confirming the interim order of stay dated 9th of June, 1979 be modified or recalled to the extent that the respondents be allowed to execute the decree passed by the High Court on their furnishing bank guarantee to the extent of the amount involved or in the alternative they may be permitted to recover half of the decretal amount on executing personal security for the reason that they are entitled to the compensation amount in respect of their land which was acquired ago as long as in 1969.
Learned Advocate‑on‑Record also prays that the appeal be heard on the present record, the filing of concise statements be dispensed with and the appeal be heard at an early date.
Mr. Akhtar Ali, learned Advocate‑on‑Record for the appellant, in reply, submits that a good prima facie case for stay of the execution of the decree has been made out on the facts already noticed by this Court in the leave granting order dated 9th of October, 1979. He further submits that in view of the points raised in the appeal it is necessary that full record of the appeal be prepared.
After hearing the learned counsel for the parties we feel that this is not a fit case for modifying or recalling the interim order of this Court dated 19th of June, 1979 which was confirmed on 6th of October, 1979. Respondent shall, however, be at liberty to withdraw the compensation amount deposited in Court without prejudice to their lights in this appeal.
It is also necessary that paper books of the appeal be prepared in accordance with the Rules and concise statements be also filed. The disposal of the appeal shall, however, be expedited.
These two applications are disposed of accordingly.
Order accordingly.
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