Find a Lawyer

Civil Appeal No. Q‑52 of 1983, decided on 30th March, 1985.

‑‑‑Art. 185‑‑Appeal to Supreme Court‑‑Parties signing an agreement/ compromise binding themselves to the effect that they would abide by judgment/decree passed in civil litigation upto forum legally available to them and whatever final decision was given by last forum would be binding on them‑‑Supreme Court disposed of appeal in terms of agreement.

Azizullah Memon, Advocate Supreme Court for Appellant.

Iftikhar Muhammad Advocate Supreme Court for Respondents.

Date of hearing: 30th March, 1985.

‑After some arguments an agreement has been reached between the two sides which is reproduced below:

"The parties submits as under:‑

(1) That the above matter is pending in this Honourable Court and is fixed on 30th March, 1985.

(2) That the appellant had filed Civil Suit about his title in the land underneath the shops and Bus Stand in the Court of Qazi Khuzdar.

(3) That the learned Qazi on 4‑12‑1984, granted an ex parte decree in favour of the appellant, not only about the land but also superstructure of the shops and so far bus stand is concerned there is no mention in the decree of the learned Qazi.

(4) That the respondents have filed appeal against the judgment and decree of Qazi Khuzdar before Majlis‑e‑Shoora and the said Court has stayed the execution of judgment /decree.

In view of the above said situation the parties have entered into compromise in the following terms:‑

(a) That both the parties bind themselves to the effect that they will abide by the judgment/decree passed in civil litigation upto the forums legally available to the parties and whatever the final decision by the last forum, will be given, that will have binding effect.

(b) That the Deputy Commissioner will pass a fresh order about the superstructure and rent after hearing the parties, after the decision of the civil litigations by the last forum.

(c) That during the pendency of civil litigation between both the parties, the Deputy Commissioner, Khuzdar will collect rent of the shops and bus stand, which is the subject‑matter and will keep it as "AMANAT" with some bank and after decision of the civil litigations between the parties this amount will be given to the party who will become entitled in view of the final judgment/ decree resulting out of civil litigations.

It is, therefore, prayed that in the light of above said conditions, the appeal entitled above may kindly be disposed of, without prejudice to the rights of parties to raise the respective pleas during civil litigations."

The agreement is signed by both the learned counsel as also by the appellant. This appeal is disposed of in terms of the compromise with the further direction that the amount collected under sub‑clause 6 (c) of Paragraph 4 of the agreement shall be invested /deposited in the maximum profits bearing arrangement with the bank. The disposal of the principal and the profit will be in accordance with the terms of the agreement.

M.Y.H. Order accordingly

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.