Case Details

Citation(s)
2011 SLG 1349 2011 SLD 1349 2011 SCMR 368
Supreme Court of Pakistan
Civil Appeal No. 1850 of 2008, decision dated: 8-07-2009. (On appeal from the judgment of the High Court of Sindh at Karachi dated 1-2-2008 passed in Revision Application No. 131 of 2006)
TASSADUQ HUSSAIN, JILLANI, GHULAM RABBANI AND MUHAMMAD MOOSA KHAN LEGHARI, JJ
Abdul Latif A. Shakoor, Advocate Supreme Court for Appellant. Anwar Hussain, Advocate Supreme Court for
Respondent

MUSLIM EDUCATIONAL SOCIETY (Regd.)

VS

MADINA MASJID

Law:

Section:

Sindh Local Government Ordinance (XXVII of 2001)--- ----Ss. 18 & 123---Constitution of Pakistan, Art.185---Appeal to Supreme Court---Demarcation of property---Counsel of the parties agreed that appeal be disposed of in terms of a direction to be given to the City District Government to have the suit properly demarcated with a view to find out as to whether the same was situated on a sanctioned public street/lane; and if the property was found to be part of the lane, appeal would stand dismissed otherwise, the appellant should have a right to have that appeal resurrected---In view of the fair stand taken by the counsel for parties, City Nazim was directed to have the demarcation carried out by keeping the site plan in view and report as to whether the suit property was part of the public street/lane or not---If report would be to tie effect that suit property was part of the street, appeal would stand dismissed, otherwise appellant would have a right to have appeal resurrected. ORDER TASSADUQ HUSSAIN JILLANI, J. ---We have heard learned counsel for the parties at some length and have gone through the impugned judgment. Both the learned counsel agreed that this appeal be disposed of in terms of a direction to be given to the…
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