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MUHAMMAD SADIQ versus TAJ MUHAMMAD


Article 185 (3) of the Supreme Court Rules, 1980, A XKXIII, r 6 Civil Procedure Code (V8 1908), O XXIII, r 3 Adjustment and Exclusion Appeal for Special Leave to Appeal on Request by Applicants Order, reinstated file on appeal but was dismissed on the ground that the dispute was no longer open for adjudication due to applicant's exemption in the High Court.

1986 S C M R 509

Present: Muhammad Haleem, C. J. Nasim Hasan Shah and Shafiur Rahman, JJ

MUHAMMAD SADIQ and others‑‑Petitioners

versus

Malik TAJ MUHAMMAD and others‑‑Respondents

Civil Miscellaneous Petition No. 366‑R of 1985 in Civil Petition No. 288‑R of 1985, decided on 30th November, 1985.

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Supreme Court Rules, 1980, O.XKXIII, r.6‑‑Civil Procedure Code (V of 1908), O.XXIII, r.3‑‑Adjustment and withdrawal‑ On application by petitioners order dismissing petition for special leave to appeal recalled, petition restored to file but dismissed on ground that controversy was no longer open for adjudication because of concession of petitioners in High Court.

M. Munir Paracha, Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioners.

Ghulam Dastgir, Advocate‑on‑Record (absent) for Respondents.

Date of hearing: 30th November, 1985.

ORDER

MUHAMMAD HALEEM, C.J.‑

‑After hearing the learned counsel for the petitioners, we recall our order of dismissal and restore the petition to file, but dismiss it on the short ground that the controversy is no longer open for adjudication because of the concession of the petitioners in the High Court.

M.I. Petition dismissed.

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