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2005 SCMR 935

MUHAMMAD TUFAIL and others- vs UBEDUL HAQ and others

Petitioner: MUHAMMAD TUFAIL and others- VS Respondent: UBEDUL HAQ and others

Court: Supreme Court of Pakistan Decision Date: 2003-05-23

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Khalil-ur-Rehman Ramday, Karamat Nazir Bhandari Title: MUHAMMAD TUFAIL and others- vs UBEDUL HAQ and others Case No.: Civil Petitions for Leave to Appeals Nos.806, 807, 808 and 809/L of 2003 Date of Judgment:2003-05-23 Reported As: 2005 SCMR 935 Result: Leave refused

Judgment ORDER ' KHALIL-UR-REHMAN RAMDAY, J.--- This order shall dispose of C.P.L.As. Nos.806, 807, 808 and 809-L of 2003 as they arise out of the same consolidated judgment of the Lahore High Court, dated 23-1- 2003 passed in Civil Revisions Nos.1262, 1263, 1264 and 1265 of 1995. 2. Having examined all aspects of the matter we find that the real question which required determination in the suits filed which had led to the above mentioned revision petitions, was whether the defendants had or had not encroached upon the property owned by the plaintiffs. For the reasons recorded therein the learned Judge in Chambers and further found that the said controversy had remained unresolved. It was the view of the learned Single Judge that the only way to settle the issue was to proceed in terms of Rules, 1, 2 and 3 of Chapter 1-M of Volume V of the High Court Rules and Orders and the Honourable High Court directed accordingly after setting aside the judgments of the learned subordinate Courts and by remanding the matter back to the learned trial Court. 3. The learned counsel for the petitioners could not point out any illegality in the impugned judgment of the Honourable High Court which could justify grant of leave in the matter. These petitions are, therefore, dismissed. .

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