Law:

Section:

Civil Procedure Code (V of 1908)--O. XL, R. 1---Constitution of Pakistan (1973), Art. 185(3)--­Appointment of Receiver---Parties were related inter se being successors-in-interest of deceased ^and there was dispute with regard to the portion of property---High Court appointed Receiver for management of disputed property---Parties entered into an agreement---Petition for leave to appeal was converted into appeal and in the light of agreement between the parties Supreme Court directed the Receiver to hand over collection of money to the petitioners which would be distributed in accordance with the shares of the parties. Farooq Bedaar, Advocate Supreme Court with Syed Abul Aasim Jafri, Advocate-on-Record for Petitioners. Asghar Haider, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondent. Date of hearing: 3rd December, 1999. ORDER This petition has been filed by Mr. Ch. Muhammad .Ishaq and others against Mr. Ch. Abdul Ghani. The petitioners and the respondent are related inter se being successors-in-interest of Ch. Eid Muhammad who owned a considerable property including Rattan Cinema, Lahore and Regal Cinema, Sheikhupura. Vide impugned order a Receiver has been appointed to control management of Rattan Cinema, Lahore. The said order has been challenged through this petition and in course of proceedings the parties have entered into a compromise and have filed an application which has been placed on record. It reads as under: "(1) That it is specifically stipulated and agreed that all the properties mentioned above would be sold within a period of six months from today extendable by another three months in case of non-availability of a buyer and the share of the each party would be determined and settled and thereafter distributed according to Sunni law ofinheritance in accordance with the Islamic law, both parties would be free to endeavour for the sale of these properties and these properties would be sold to the highest bidder "(2) That as the party of the First Part is not in physical possession of any property mentioned above, therefore, in order to safeguard its rights of the party of the Second Part agrees to mortgage the…

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