Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)---Partition of property in dispute had already taken place and no live issue was left for consideration by Court ---Even otherwise no question of law was involved in case warranting exercise of jurisdiction of Supreme Court under Art.185(3) of Constitution of Pakistan (1973)---Leave to appeal was declined. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal is directed against the judgment, dated 21-1-2003 passed by the Lahore High Court, Lahore. 2. We have heard the learned counsel for the petitioners and have gone through the impugned judgment. Concluding para. of the impugned judgment is reproduced hereinbelow:-- "Having considered the record and the impugned judgment, I am not in the slightest doubt that the land allotted jointly to the petitioners and his brother Noor Muhammad had in fact, been partitioned by mutual agreement and that the two brothers were in occupation of their respective shares. This circumstance, as discussed above, has expressly been acknowledged and asserted by the respondents in their written statement. They cannot, therefore, escape the consequences of the said averment by turning around and adopting a contrary plea that the petitioner was not entitled to exclusive possession of his share of the suit-land. This conclusion would follow even if technically it is held that no formal partition deed has been executed between the two brothers and registered…

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