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Civil Petition for Special Leave to Appeal No. 212 of 1976, decided on 18th August, 1981.

(On appeal from the judgment and order of the Lahore High Court, dated 18‑12‑1975, in Writ Petition 1389‑R of 1975).

‑‑‑Arts. 185(3) & 199‑‑‑Laches‑‑Belated writ petition dismissed on ground of laches and delay‑‑Reasons given by High Court for not opening a belated transaction being justified and suffering from no legal or any other kind of error‑‑Order of High Court not warranting interference, petition dismissed.

S. Wajid Hussain, Advocate‑on‑Record for Petitioner.

Masood Jand, Advocate Supreme Court and Muhammad Aslam, Advocate‑on‑Record for Respondent No. 4.

Date of hearing: 18th August, 1981.

The property in dispute which is described more fully in the petition was refused to the petitioner on 30‑8‑1960. However, he filed a writ petition being W.P. 1389‑R/75 for getting the said property on 12‑12‑1975 which was dismissed by the High Court vide its order, dated 18‑12‑1975, on the ground of laches and delay which on the peculiar facts brought on record were fatal to his case as in the meantime the property had properly been disposed of by auction in favour of the respondent herein and there was no justification to disturb that transfer after such a long lapse of time.

2. The petitioner has come up in a petition for special leave to appeal against the aforesaid order to this Court.

3. We have heard the learned counsel and gore through the relevant orders. In our opinion the reasons given by the High Court for not opening such a belated transaction as aforesaid were quite justified and suffered from no legal or any other kind of error warranting interference by this Court. The petition is dismissed hereby.

M.I. Petition dismissed.

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