Case Details

Citation(s)
1982 SLG 534 1982 SLD 534 1982 SCMR 926
Supreme Court of Pakistan
Civil Petition No. 1537 of 1980, decision dated: 12-01-1981.(On appeal from the judgment dated 11-1-1980 of the Lahore High Court in C. M. No. 3/80 in W. P, 3988/80)
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
Muhammad Rafiq Khan Chauhan, Advocate Supreme Court and Sh. Masud Akhtar, Advocate-on-Record for Petitioner. Ch. Riasat Ali, Advocate Supreme Court and Sh. Abdul Karim, Advocate on-Record for
Respondents.

MOHAMMAD HUSSAIN

VS

MOHAMMAD YAQOOB AND ANOTHER

Law:

Section:

Constitution of Pakistan (1973)-- Art. 199-Writ-Stay order-Dispute over immovable property ­High Court, while admitting writ petition to regular hearing, granting order of stay-Respondent making application for vacation of stay order on ground that possession had already been obtained by him when interim order of status quo was passed by High Court-Petitioner not, denying such delivery of possession-Order of High Court recalling interim order of stay-Held: eminently proper and appropriate. ORDER NASIM HASAN SHAH, J.-The High Court had granted the order of stay while admitting the writ petition to regular hearing. Respondent No. 1 therein submitted an application for vacation of stay order on the ground that the possession had already obtained by him when the interim order of status quo was passed by the High Court and that the petitioner had criminally trespassed on the land and a case under section 447, P. P. C. had been registered against…
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