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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD YAQOOB KHAN VS Respondent: MEMBER BOARD OF REVENUE/CHIEF SETTLEMENT COMMISSIONER, LAHORE And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah Title:MUHAMMAD YAQOOB KHAN vs MEMBER BOARD OF REVENUE/CHIEF
SETTLEMENT COMMISSIONER, LAHORE And Other Case No.:Civil Petition for Special Leave to Appeal No. 446 of 1981 W.P. No. 183/R of 1981 Date of Judgment:1981-08-11 Reported As: 1987 SCMR 24 Result: petition allowed Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment of the Lahore High Court dated 29-3-1981, whereby a constitutional petition arising out of an urban settlement case was dismissed in limine on ground of laches. The case has a long history, but in view of the sole ground on which the writ was dismissed being one of laches it is not necessary to give all the details of the proceedings. The fact which is relevant to the question of laches and was noticed by the High Court is that the property having been auctioned in 1972, the petitioner failed to assail its transfer, for nearly a decade. After hearing the learned counsel for the' petitioner and of the caveators, we considered it a fit case for examination as to whether the conduct of the petitioner was such that his writ petition should have been dismissed on ground of laches inasmuch as it is not denied that he on his own application was impleaded in the Supreme Court as a party in an appeal filed by another party; and, this appeal was disposed of on account of a compromise between the said other party and the respondents in February, 1981; while the writ petition out of which the present petition has arisen was filed in the High Court on 22-3-1981. We accordingly allow this petition and grant leave to appeal. Security Rs.2,000. The interim order for maintenance of status quo earlier passed shall continue. The appeal shall be made ready on the present record with liberty to the parties to file additional documents, if necessary.