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Arbitration Act (X of 1940)-------Ss. 34, 14 & 17---Specific Relief Act (I of 1877), S.8---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for possession of immovable property---Arbitration agreement---Stay of proceedings---Scope---Contention of plaintiff was that decision of arbitrator had been denied by him being based on fraud---Application filed under S.34 of Arbitration Act, 1940 was dismissed by the Trial Court but same was accepted by the Appellate Court---Validity---Proceedings of suit could be stayed under S.34 of Arbitration Act, 1940 if matter was mutually agreed between the parties---No occasion to stay proceedings of the present suit existed as factum of alleged arbitration agreement had been denied by the plaintiff---Impugned passed by the Appellate Court was not sustainable in the eye of law which was passed without application of judicious mind and in excess of jurisdiction vested in it---Impugned passed by the Appellate Court was set aside and order of Trial Court was restored---Constitutional petition was accepted in circumstances. Muhammad Farooq v. Nazir Ahmad and others PLD 2006 SC 196 ref. Muhammad Farooq v. Nazir Ahmad and others PLD 2006 SC 196 rel. Shabbir Ahmad Khan for Petitioners. Shahid Shaukat for Respondent No.1. Date of hearing: 11th December, 2013. JUDGMENT ATIR MAHMOOD, J.--- Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have challenged the judgment dated 5-9-2009 passed by the learned Additional District Judge, Faisalabad who accepted the revision petition filed by respondent No.1 against the order dated 28-1-2009 passed by the learned Civil Judge, Fasialabad, whereby the application under section 34 of the Arbitration Act, 1940 for stay of the proceedings filed by respondent No.1 was dismissed. 2. Brief facts of the case are that petitioner No.1. Muhammad Ramzan (deceased) filed a suit for possession against respondent No.1 in respect of House No.2253/D, measuring 3-1/2 Marlas, situated in Ghulam Muhammad Abad, Faisalabad. The Plot No.2253/D was allotted to the petitioner in the year 1956 by Rehabilitation Department,…

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