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Petitioner: NAZEER HUSSAIN VS Respondent: ADDITIONAL DISTRICT JUDGE
1988 S C M R 1203
1988 S C M R 1203
Present: Muhammad Afza1 Zullah and Javid Iqbal JJ
Hakeem NAZEER HUSSAIN Petitioner
Versus
ADDITIONAL DISTRICT JUDGE and others‑‑Respondents
Civil Petition for Leave to Appeal No.247 of 1987, decided on 23rd April, 1988.
(On appeal from the order of the Lahore High Court dated 20th April, 1987 in Writ Petition No.1744 of 1987).
(a) Civil Procedure Code (V of 1908)‑‑
‑‑‑S.151‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Leave to appeal, grant of‑‑Interim order‑‑Appeal against interim order by Trial Court appointing Local Commissioner for measurements of encroachments in suit property‑‑View reversed by Appellate Court‑‑High Court declined to interfere with such order in Constitutional jurisdiction‑‑Plea that order of District Judge should have been set aside by High Court because it was necessary to appoint a Local Commissioner for determining extent of encroachment, repelled‑‑Being not a fit case for interference as matter was still pending before Civil Judge, leave to appeal was refused.
(b) Constitution of Pakistan (1973)
‑‑‑Arts.199 & 185(3)‑‑Interim order‑‑Appeal against‑‑Constitutional jurisdiction, exercise of‑‑Interim order by Trial Court appointing a Local Commissioner‑‑Order reversed in appeal by District Judge‑‑High Court declined to interfere in Constitutional jurisdiction‑‑Plea that order passed by District Judge should have been set aside by High Court because it was necessary to appoint a Local Commissioner, repelled‑‑Held: Order passed by District Judge in the circumstances, could not have been interfered with in constitutional jurisdiction by High Court‑‑Leave to appeal refused.
Syed Riazul Hassan Gilani, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 23rd April, 1988.
ORDER
JAVID IQBAL, J.‑‑This petition for leave for appeal has been filed by Hakeem Nazeer Hussain petitioner and is directed against order of the Lahore High Court, Lahore dated 20th April, 1987 passed in Writ Petition No.1744 of 1987. Briefly the background is that suit is pending between the petitioner and respondents Nos.2 and 3 before a Civil Judge who had passed an interim order on the application of the petitioner appointing a Local Commissioner to carry out measurements of the alleged encroachment of property in dispute. On this the aforesaid respondents filed a revision and the Additional District Judge reversed the view of the Civil Judge. Thereafter, the petitioner challenged the order of the Additional District Judge by way of a writ petition before the Lahore High Court Lahore. This writ petition was dismissed. Hence the present petition for leave to appeal.
Learned counsel for the petitioner attempted to argue that the order of the Additional District Judge should have been set aside by the learned Judge of the High Court for the reason that it was necessary to appoint a Local Commissioner for determining the extent of encroachment. After hearing learned counsel at some length we are of the view that it is not a fit case for interference as the matter is still pending before the Civil Judge and that furthermore an order passed by the Additional District Judge in the circumstances could have not been interfered with in the constitutional jurisdiction by the High Court. The result is that this petition is dismissed.
M.I. /N‑69/5 Petition dismissed.