Case Details

Citation(s)
1971 SLG 312 1971 SLD 312 1971 SCMR 581
Supreme Court of Pakistan
Criminal Appeal No. K-1 of 1970, decision dated: 29th January 1971
M. R. KHAN, WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ

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IMAMDAD KHAN AND 7 others--Appellants

VS

Syed MOHAMMAD ILYAS AND 2 others--Respondents

Law:

Section:

(a) Criminal Procedure Code (V of 1898), S. 145-Question whether criminal Court has jurisdiction under S. 145 to withdraw subject-matter of a civil suit pending before a competent Court of civil jurisdiction-Special Leave to Appeal granted by Supreme Court to consider question. (b) Criminal Procedure Code (V of 1898), S. 145-Dispute concerning land-Proceedings initiated under S. 145, subordinate to decree or order passed by civil Court-Civil Court already seized of subject-matter of dispute and ad interim injunctions and status quo orders passed-Criminal Court not competent to interfere with orders of civil Court in respect of such property-Magistrate, in such circumstance, held, had no jurisdiction to appoint a Receiver to seize crop standing on land and deposit sale proceeds in Government Treasury. Shah Muhammad v. Haq Nawaz and another P L D 1970 S C 470 ref. Nathu Lal, Advocate Supreme Court instructed by muzafer Hassan, Advocate-on-Record for Appellants. Syed Nasiruddin, Senior Advocate Supreme Court instructed by Vakil Ahmed Kidwai, Advocate-on-Record for Respondent No. 1. Respondent No. 2 in person. Kazi Akhtar Ahmad, A. G. Sind instructed by Shafiq Ahmad, Advocate-on-Record for the State. Date of hearing : 29th January 1971. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of the West Pakistan High Court, Karachi Bench, in Criminal Revision Application No. 101 of 1969,: dated the 23rd July 1969. By this order, a learned Single Judge of the High Court vacated the interim order dated the 7th July 1969 and dismissed the application for stay of the pro­ceedings under section 145, Cr. P. C. The dispute between the parties is in respect of Survey Nos. 928, 960, 963, 96.1, 962, 964, 965, 937, 938, 940, 1136, 1144 and 1210 of Deh Gahno Kalhoro, Taulks and District Khairpur Mirs. The appellants' case is that they purchased these lands between 14th May 1968 and 20th August 1968 and were put in their possession by their predecessor-in-title. It appears that respondents Nos. 1 and 2 were interfering with the possession of the appellants. Thereupon, the appellants filed six suits in the Court of Civil Judge, 1st Class,…
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