Law:

Section:

(a) Civil Procedure Code (V of 1908)S. 96 (3) read with Law Reforms Ordinance (XII of 1972), S. 3 Consent decree-Appeal-Order passed with consent of parties and otherwise fair, just and proper-Nothing, held, wrong with order of Division Bench of High Court refusing to proceed with appeal against such order, notwithstanding appeal before Division Bench under S. 3 of Ordinance XII of 1972 not attracting provisions of S. 96(3), Civil Procedure Code, 1908.-[Decree-Appeal (civil)]. Sh. Maqbool Elahl and others v. Khan Abdul Rehman and others P L D 1958 S C 96 ref. (b) Constitution of Pakistan (1973) Art. 199-Writ jurisdiction-Compromise-Application of rules of procedure advancing cause of justice-Can be adopted in writ jurisdiction unless expressly prohibited-Disposal of writ petition on basis of compromise between parties-Held, cannot prima facie be objected to. M. Farani, Bar-at-Law, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing :11th February, 1980. ORDER NASIM HASAN SHAH, J.-This petition for leave to appeal is directed against the order dated I-9-1979 of the Lahore High Court, Lahore, dismissing the Inter-Court Appeal (I. C. A. 222/79) filed by the petitioner, in limine. The facts which form the background put very briefly are that the petitioner, Muhammad Aslam, had obtained Property No. S-49-R-62, Chamberlain Road, Lahore, through open public auction. Malik Mohammad Azam, respondent No. 6 herein, was seeking transfer of this property in his own right. Both the parties being aggrieved by certain orders passed by the Settlement Department approached the High Court by filing separate writ petitions (that of Malik Mohammad Azam, respondent No. 6, being W. P. No. 1097-R of 1978; and that by Mohammad Aslam, petitioner, being W. P. No. 318-R of 1979). Both these writ petitions were heard together and on the date of hearing Mohammad Aslam and Malik Mohammad Azam agreed before the learned Single Judge of the High Court by making statements before him on oath that the property in dispute may vest in Mst. Akhtari Begum, respondent No. 7 herein, who is Mohammad Aslam's ex-wife and Malik Muhammad…

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