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Petitioner: Haji MUHAMMAD UMAR VS Respondent: ASAD ALI SHAH and others
Court Name: Supreme Court of Pakistan Judge(s): Saleem Akhter, Shafi-ur-Rehman Title: Haji MUHAMMAD UMAR vs ASAD ALI SHAH and others Case No.: C.P.L.A. No, 429-L of 1992 W.P. No,6592/1992 Date of Judgment:1993-11-20 Reported As: 1994 SCMR 506 Result: Leave refused
Judgment ORDER ' SHAFIUR RAHMAN, J. ---The petitioner seeks leave to appeal against an interim order of the High Court in a pending Constitution petition. The area of dissatisfaction with that order is a limited one. Originally the property in dispute between the parties was about 332 Kanals of land. On an application of the petitioner which has not received Court's approval, the disputed area stands reduced by hundred Kanals. 2. The interim order prohibits the alienation pending litigation of the disputed property which under the impugned order is reduced by one hundred Kanals. 3. In the first place the prohibition on alienation is equally well covered by doctrine of lis pendens. Hence the controversy is of little significance. Secondly the apprehension of the learned counsel that by such reduction of the area in dispute, the petitioner has been committed to the contents of his application which is yet to receive proper consideration is premature. While passing interim orders, the evaluation of the case is only tentative, one of first impression, the findings having no finality. No case is made out. 4. Leave to appeal is refused.