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Petitioner: BAGH MALL VS Respondent: MUHAMMAD SHAFI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Aslam Riaz Hussain Title: BAGH MALL vs MUHAMMAD SHAFI Case No.:Criminal Petition No. 38 of 1981 Civil Petition for Special Leave to Appeal No.
487 of 1981 Civil Miscellaneous Petition No. 742 of 1981 in and Criminal Petition 38 of 1981, Date of Judgment:1981-11-01 Reported As: 1987 SCMR 27 Result: stay application, stay Judgment ORDER ASLAM RIAZ HUSSAIN, J.-- This order shall dispose of Cr.P. No. 38 of 1981 and C.M.P. No. 742 of 1981 in C.P.S.L.A. No.487 of 1981. The first is a contempt application by Bhag Mal and the second is an application for vacation of stay order, filed by Muhammad Shafi, etc., (in the main petition). 2. C.P. No.487 of 1981 has been filed by Bhag Mal who applied and obtained stay order with respect to possession of the land in dispute on 4-9-1981. Through Cr.P. No. 38 of 1981, he has alleged that the respondents have taken possession of the land in question in violation of the above-mentioned stay order and are thus guilty of the contempt of Court. The respondents have on the other hand filed C . M . P. No. 742 of 1981 praying vacation of the said stay order, on the ground that Bagh Mal had taken possession of the land in question forcibly, and had therefore, obtained stay order from this Court without disclosing the true facts of the case. 3. After hearing the learned counsel for the parties, we feel that' if the true facts had been disclosed by the respondents at the time of hearing of the stay application, stay order would not have been granted to them. The stay order is, therefore, vacated. At the same time for the same reasons, we do not wish to proceed against the respondents in contempt matter. Both the miscellaneous applications stand disposed of accordingly. S. Q.Stay order vacated.