| Citation(s) |
|---|
| 2005 SLG 1899 2005 SLD 1899 2005 PLD 742 |
Lahore High Court
Writ Petition No. 90-R of 2003, decided on 30th September, 2005
SYED ZAHID HUSSAIN, J
Shuja ud Din Hashmi for Petitioner. Hamid Ali Mirza for
Respondents
Writ Petition No. 90-R of 2003, decided on 30th September, 2005
SYED ZAHID HUSSAIN, J
Shuja ud Din Hashmi for Petitioner. Hamid Ali Mirza for
Respondents
Dr. Mrs. YASMEEN ABBAS
VS
Rana MUHAMMAD HANIF and others
Law:
Section:
(a) Civil Procedure Code (V of 1908)-------S. 89-A & O.XXIII, R.3---Settlement of disputes through compromise---Benefit---Resolution of dispute in such a way being a recognized mode, would relieve parties of expensive and lengthy agonizing litigation and save valuable time of Court. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ---- S. 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Evacuee property---Compromise between parties---Price of disputed property already paid by both parties---Settlement Department, thus, could not have any legitimate grievance---Courts had encouraged compromise in disputes relating to evacuee properties---Parties would be bound by compromise arrived at between them---High Court directed parties to approach Settlement Department for necessary amendments in their title documents. Muhammad Aslam v. Member, Board of Revenue (Settlement and Rehabilitation Wing) Chief Settlement Commissioner and 6 others PLD 1980 SC 45 rel. ORDER SYED ZAHID HUSSAIN, J.---The dispute relates to a plot measuring 10 Marlas 150 sq. ft. (Kharsra No.9026) Janak Nagar Lahore. The petitioner and respondent No.1 had been claiming to be the transferees of the same. They litigated up to the Hon'ble Supreme Court of Pakistan and C.A.No.798 of 1996 filed by the petitioner was dismissed as not pressed on 9-2-2001 remanding the matter to the Notified Officer on certain terms. Order dated 14-7-2003 was passed thereafter by the Notified Officer, which has been assailed through this petition. 2. The parties are represented through their learned counsel. They are also present in person. During the course of hearing, as a result of deliberations and understanding a compromise mark `A' accompanied by a site plan Mark `B' duly signed by them has been filed in Court. It is urged by them that the petition may be disposed…
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