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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. ZAINAB BIBI and others VS Respondent: Mst. RESHAM BIBI and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: Mst. ZAINAB BIBI and others vs Mst. RESHAM BIBI and others Case No.: Civil Petition No,248 of 1983 Date of Judgment:1988-08-09 Reported As: 1989 SCMR 1378 Result: Petition dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal is by a plaintiffs side in a civil suit regarding inheritance, which was dismissed. Their first appeal was also dismissed. The regular second appeal filed before the High Court having met the same fate, the petitioners have now sought leave to appeal. ' The counsel for the petitioners stated that the real controversy in the case is whether Mst. Resham Bibi, respondent No,1, was the widow of Talib Hussain or not. He further stated that although the learned Courts below have rendered concurrent findings of fact on the said issue against the petitioners, the same are liable to be set aside on ground of misreading and consequential wrong appreciation of evidence. He has advanced some supporting arguments in this behalf. During the arguments. The learned counsel informed us that some of the petitioners have entered into an agreement with the respondents' side. He has also placed on record some documents regarding developments subsequent to the filing of the petition. It appears that some of the petitioners do not want to press this petition, but the same cannot be said about the others. ' In the peculiar circumstances of the case, however, after hearing the learned counsel on merits, we do not consider it a fit case for grant of leave to appeal on the question of findings of fact. ' This petition thus is disposed of accordingly.
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