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GHULAM NABI versus SADIQAN


Article 185 (3) of the Punjab Pre-Emission Act (I of 1913), retained the first and second appeal application for leave to appeal in the judgment of the trial court under the approval of the leave suit for section 21 pre-discrimination suit appeal. Gone, no questions were excluded in the request.

1986 S C M R 1176

Present: Nasim Hasan Shah and S.A. Nusrat, JJ

GHULAM NABI and others‑‑Petitioners

versus

Mst. SADIQAN‑‑Respondent

Civil Petition No. 583 of 1982 and Civil Miscellaneous Petition No. 379 of 1983, decided on 16th November, 1985.

(On appeal from the judgment, dated 18‑5‑1982 of the Lahore Court Lahore in Civil Revision No. 706/D of 1982).

Constitution of Pakistan (1973)‑

‑‑‑Art. 185(3)‑‑Punjab Pre‑emption Act (I of 1913), S.21‑‑Pre‑emption‑Suit for‑‑Leave to appeal‑‑Grant of‑‑Suit decreed by trial Court Decision upheld in first and second Appeals‑‑Petition for leave to appeal No question of law involved‑‑Petition dismissed.

Kh. Muhammad Farooq, Advocate Supreme Court (absent) and M. A. Qureshi, Advocate‑on‑Record for Petitioners.

Talib H. Rizavi, Advocate Supreme Court and S. Ali Imam Naqvi, Advocate‑on‑Record for Respondent.

Date of hearing: 16th November, 1985.

ORDER

NASIM HASAIN SHAH, J.‑

‑This order will dispose of Civil Petition No. 583 of 1982 and Civil Miscellaneous Petition No. 379 of 1983 in Civil Petition No. 5 83 of 1982.

The petition arises in a pre‑emption matter.

The respondent had pre‑empted a sale made in favour of the petitioners claiming that she had superior right of ore‑emption. The suit was decreed and the judgment of the trial Court was upheld, on appeal, by the learned District Judge and, on second appeal, by the High Court.

No question of law arises in this matter and this is not a fit case for interference by this Court.

Similarly, the application for taking contempt proceedings against the petitioner (being urged through Civil miscellaneous Petition No. 379 of 1983 in Civil Petition No. 583 of 1982) also does not call for any action.

Both the petitions for leave and the application praying for taking contempt of Court proceedings are, accordingly, dismissed.

M. I. Petition dismissed.

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