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Initializing Secure Chambers
Petitioner: YAQOOB and 25 others VS Respondent: ANWAR HUSSAIN
Court Name: Lahore High Court Judge(s): Chaudhry Muhammad Sharif, Sheikh Muhammad Asadullah Title: YAQOOB and 25 others vs ANWAR HUSSAIN Case No.: Regular First Appeal No. 34 Civil Miscellaneous No. 501-C of 1986 Date of Judgment:1986-11-11 Reported As: 1987 CLC 530 Result: Order accordingly
Judgment ORDER ' MUHAMMAD SHARIF, J.--Learned counsel for the appellants has submitted that the respondent has taken possession of the land in dispute and the regular first appeal has become infructuous. He wishes to withdraw this appeal. Therefore the appeal stands dismissed as having been withdrawn. 2. Learned counsel for the appellants has further prayed that a certificate of refund be issued regarding the court-fee paid in this regular first appeal. This plea is grounded on the reason that the possession has been taken over by the other party and the purpose of the regular first appeal has failed. He has cited Muhammad Sadiq Ali Khan v. Ali Abbas and others AIR 1933 Oudh 170(1) in support of his contention. 3. We direct that a certificate of refund of the court-fee may accordingly be issued.