Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: NAMDAR ALI SHAH VS Respondent: ANWAR HUSSAIN SHAH and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: NAMDAR ALI SHAH vs ANWAR HUSSAIN SHAH and another Case No.: Civil Petition No, 664 of 1982 Date of Judgment:1988-08-06 Reported As: 1989 SCMR 326 (2) Result: Petition dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal has arisen out of an interim stay order. The High Court had set it aside in its Constitutional jurisdiction on prima facie finding that it was passed without jurisdiction. Learned counsel for the petitioner who remained unable to show that the prima facie finding by the High Court that the officers passing the stay order had no jurisdiction in the matter, contended that the respondent No, 1 had also committed some illegalities. After hearing the learned counsel, we find that this Court will not be able to grant any relief to the petitioner on the basis that both the parties are trying to take advantage of the illegalities. The interference by the High Court, in the circumstances of this case, in its writ jurisdiction on the basis of a prima facie finding regarding lack of jurisdiction, does not suffer from any infirmity. ' Leave to appeal is, therefore, refused.