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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD HUSSAIN VS Respondent: ADDITIONAL DEPUTY COMMISSIONER, GUJRAT And 2 JUDGMENT
Court Name: Lahore High Court Judge(s): Abdul Shakurul Salam Title:MUHAMMAD HUSSAIN vs ADDITIONAL DEPUTY COMMISSIONER, GUJRAT And 2
JUDGMENT
Reported As: 1986 CLC 816 Result: Petition dismissed Judgment JUDGMENT The petitioner filed the above-titled Constitutional petition. It was admitted to regular hearing and status quo order was granted on 28-5-1975. The contesting respondent No.2 filed Civil Miscellaneous No. 2/80 in the aforesaid writ petition and stated in para. 5 that "Muhammad Hussain (petitioner) transferred the ownership of the disputed land through Mutation No.44, dated 5-9-1979 in the name of Muhammad Ali son of Gaman, Muhammad Hayat son of Saee Muhammad, Mst. Maqsood Begum daughter of Saee Muhammad and Ahman, Rehman, Saee sons of Hayat." 2. From this it is quite clear that after obtaining status quo order the petitioner has violated the same by transferring the property in dispute. It is established law by now that a person who obtains a stay order and transfers the property is not only liable for violating the order obtained by him but his petition also becomes liable to be dismissed. Taking of action for violating the status quo order is not called for in the circumstances of the case because the petitioner was purchaser of the land in dispute and it would not be in the interest of administration of justice. However, the petition is clearly liable to be dismissed and is, accordingly, dismissed. There shall be no order as to costs.
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