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Petitioner: BASHIR AHMAD and others VS Respondent: FAZAL ELAHI and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: BASHIR AHMAD and others vs FAZAL ELAHI and others Case No.:Civil Petitions for Special Leave to Appeal Nos. 1104, 1056 of 1985 and 238 of
1988 Date of Judgment:1988-06-07 Reported As: 1989 SCMR 934 Result: Petitions dismissed Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.-- These three petitions by vendees have arisen out of pre-emption matters. Their learned counsel have stated that no decree was passed in favour of any of the respondents-pre-emptors at any stage by any Court prior to the 31st of July, 1986. That being so, no decree can be passed in favour of either of them now, as held by this Court in the case of Sardar Ali PLD 1988 SC 287. If position taken by the learned counsel to the effect that no decree was passed in favour of the respondents pre-emptors prior to the 31st of July, 1986, is correct, these petitions have become infructuous and are dismissed accordingly with the observation that they may take up the plea raised by them, before the Courts where the cases might be pending.