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Petitioner: MUHAMMAD ANWAR and anothers VS Respondent: MUHAMMAD AFZAL and others
Court Name: Supreme Court of Pakistan Judge(s): Saleem Akhter, Abdul Qadeer Chaudhry Title: MUHAMMAD ANWAR and anothers vs MUHAMMAD AFZAL and others Case No.: Civil Petition No, 155-L of 1993 R.SA. No, 124/1989 Date of Judgment:1994-05-02 Reported As: 1995 SCMR 189 Result: Leave refused
JUDGMENT
JUDGMENT ' ABDUL QADEER CHAUDHRY, J.---The petitioners seek leave to appeal against the judgment of the High Court dated 20-12-1992. 2. The petitioners filed a suit for pre-emption which was dismissed on 12-12-1984. The appeal filed by them was also dismissed by the District Judge on 14-6-1989. The second appeal filed by the petitioners was dismissed for the following reasons:-- "Admittedly, no decree has been passed in favour of the appellants before the target date and none can be passed now keeping in view the law laid down by the Supreme Court of Pakistan. In this view of the matter, there is no force in this R.S.A. Dismissed." 3. The learned counsel for the petitioners has submitted that the dismissal of the suit also amounts to decree, therefore, the petitioners cannot be non-suited. This contention has no weight. The legal position is now well settled in view of the judgment this Court in Rozi Khan v. Karim Shah (1992 SCM R 445). ' This petition has no force. The same is dismissed and the leave prayed for refused.