Law:

Section:

(a) Constitution of Pakistan (1973)------ Art. 185 --- Appeal to Supreme Court---Counsel of the - appellant at the very outset of, the argument pointed out that since the grant of leave to appeal in the case, Supreme Court had in a number of cases rejected the plea on which leave to appeal was granted --- Supreme Court dismissed the appeal but on account of the fairness shown by the counsel for appellants, no order as to cost was passed. Mukhtar v. Khakan and others 1983 SCMR 290; Haji Inayat Khan v. Murtaza Khan and others 1988 SCMR 1172 and Gulzada v. Muhammad Usman PLD 1990 SC 465 ref. (b) Constitution of Pakistan (1973)- ---- Art. 185---Appeal to Supreme Court --- Appellants' appeal was dismissed on the ground that since the grant of leave to appeal in the case Supreme Court had in a number of cases rejected the plea on which leave to appeal was granted- Respondents prayed that despite the respondents having failed to obtain an order granting leave to appeal against the decision of the High Court, they were entitled to relief through cross objections filed against the present appeal, which should be allowed and the decree passed in favour of appellants, should be set aside­ Held, leave to appeal having been refused by a separate earlier order, the prayer made from the respondents' side if allowed would create confusion and might lead to conflicting results --- Plea was dismissed. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.--This appeal through leave of the Court, by plaintiffs in a suit for pre-emption, is directed against a Revisional judgment by the High Court. The plaintiffs/appellants filed suit for pre-emption of land measuring 22 kanals. It was decreed for only 4 kanals and 4 marlas comprising of Khasra Nos.16, 18 and 19. The suit in respect of Khasra Nos.48/28 and 46/27 was dismissed. The plaintiffs' first appeal was partly allowed inasmuch as that sale price of the land decreed in their favour was reduced. Their right to pre-empt the sale regarding the remaining Khasra numbers was not recognized. Two Civil Revisions were filed--one by the appellants/plaintiffs and the other by respondents/defendants. The appellants' Revision was allowed to the extent that…

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