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Civil Petition for Special Leave to Appeal No.360‑R of 1984, decided on 11th March, 1985.

(On appeal from the judgment and order dated 31‑10‑1984 of the Lahore High Court, Rawalpindi Bench passed in Writ Petition No.303 of 1983).

‑‑‑Art.185(3)‑‑Petition for leave to appeal against remand order passed by High Court‑‑Not pressed on plea that decision on petition might prejudice case‑‑Petition dismissed with observation that order of dismissal shall in no way prejudice petitioner's case pending in High Court.

M. Bilal, Advocate Supreme Court and Akhtar Ali, Advocate‑on- Record or Petitioner.

Maulvi Sirajul Haq, Advocate Supreme Court and M. A. Siddiqi, Advocate‑on‑Record

(absent) for Respondents.

Date of hearing: 11th March, 1985.

‑‑After arguing the matter at some length learned counsel states that the decision of this petition by this Court might prejudice the petitioner's case in a writ petition filed in the High Court from the judgment in appeal by the District Court passed after the High Court had passed the impugned remand order.

He accordingly, without prejudice to the petitioners right to press all the available points in the High Court, has not pressed this petition.

He did so also on the undertaking by the learned counsel for the respondent that the eviction order impugned before the High Court in the Writ Petition now pending, would not be executed for 15 days so as to enable the petitioner to seek and obtain a fresh stay order in the said Writ petition by making an application before the High Court.

Accordingly, this petition is dismissed as not pressed with the observation that this order shall in no way prejudice the petitioners case pending in the High Court.

M.I. Order accordingly.

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