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---.- S. 114, O. XLVII., ,rr. 1 & 2 and Constitution of Pakistan (1973), Art. 199-Review-Review application sought for withdrawal of order of High Court passed in writ petition having adversely affected interest of petitioners in pending proceedings before District Judge-Observations sought to be withdrawn, held, general in nature not affecting rights of parties in pending adjudication before Dis trict Judge who will decide matter on merits. ---(Review].

Mubashar Latif Ahmad for Applicants.

Ch. Muhammad Ashraf Azeem for Petitioners.

The writ petitioners challenged the order of the Member Board of Revenue dated 6th December, 1977 whereby the respondents Nos. t to 9's revision petition had been accepted without being made aware of the fact of the latter's suit for a declaration that the land in dispute had been gifted in their favour by Mst. Ghulam Sakina bad been dismissed. The writ petition was filed by Mst. Ghulam Sakina and her daughter Mst. Imtiaz Bibi. This was disposed of with the observations that in the matter of mutations, the last word is that of civil Court and if there had been a decree in favour of Mst. Ghulam Sakina by the dismissal of the suit of the respondents, then no action was called for in exercise of the Constitu tional jurisdiction by this Court. The order is dated 23rd January, 1978.

2. The respondents have filed the present review application saying that against the dismissal of :heir suit on 10th July, 1977 by the learned trial Court, they had filed an appeal before the learned District Judge which was pending when they succeeded in their revision petition before the Member Board of Revenue on 6th December, 1977. Having got the relief, they withdrew their appeal pending before the learned District Judge on 2nd May, 1978. When they came to know of the order passed by this Court on 23rd April, 1978 while disposing of the writ petitioner's petition in limine observing that since there is a decree in favour of Mst. Ghulam Sakina and that decree shall be binding, they have filed this application for recall of those observations and have also filed an application before the learned District Judge praying that they had withdrawn the appeal in view of the fact that their revision petition had been accepted by the learned Member Board of Revenue but from the observations made by the .High Court in the order dated 23rd January. 1978, it appears that the decree of the trial Court would hold the field and, therefore, it had become necessary for them to ask for decision of their appeal against the decree of the trial Court. That application is stated to be pending before the learned District Judge, which will obviously be decided on merits in accordant., with law. ,The observations made in the order of this Court dated 23rd January, 1978 sought to be withdrawn as adversely affecting the interest of the appli cants, were of a general nature that in mutation proceedings the last word is that of the civil Court. The fact of the decree being in favour of the writ petitioners was mentioned as a matter of narrative. If the decree was under appeal. then it was to be operative subject to the result of the appeal. Since the fact of pendency of the appeal against the trial Court decree was not disclosed by the writ petitioners, therefore, it was observed that the decree of the trial Court would hold the field. If that had been disclosed the matter mould have been disposed of by saying that the writ petitioners should fight for their rights and defend the same before the appellate Court where they had been cited as respondents in appeal filed by the then plain tiffs. Therefore, it is clarified that the observations made in the order dated 23rd January, 1978 were of a general nature not affecting rights of the parties in determination of their rights pending for adjudication in the appellate Court of the learned District Judge. The latter will of cause decide he matter on its own merits. With this observation, this application is, dis posed of without any order as to costs.

M.Y.H. Order accordingly.

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