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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: LAHORE DEVELOPMENT AUTHORITY through Director-General and others, VS Respondent: Mrs,. MALKA DURANI and others,
Court Name: Supreme Court of Pakistan Judge(s):Iftikhar Muhammad Chaudhry, Faqir Muhammad Khokhar, Tasaddaq
Hussain Jillani Title:LAHORE DEVELOPMENT AUTHORITY through Director-General and others, vs Mrs,. MALKA DURANI and others, Case No.:C.M.As. Nos.1602-L to 1604-L of 2004 and Civil Petitions Nos.1171-L, 1172-L and 1177-L of 2004 Date of Judgment:2005-01-26 Reported As: 2008 SCMR 341 Result: Petitions dismissed Judgment ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--- These petitions for leave to appeal have been filed against the judgment, dated 12-1-2004 passed by Lahore High Court, Lahore whereby the cases were remanded to Additional District Judge, Lahore for disposal of appeals. 2. Learned counsel argued the case at some length but when pointed out that the defects which have been noted by the High Court were disposed of by the Additional District Judge, Lahore and called upon him to satisfy as to whether this Court by ignoring such defects in the judgment of the appellate Court can interfere in its constitutional jurisdiction, he could not answer satisfactorily but stated that judgment of the appellate Court is correct. 3. We are afraid the contention raised by him is not correct because learned Judge in Chambers, of the Court had pointed out defects in the judgment of the appellate Court and remanded the case for fresh decision of the appeal. Since next date of hearing is fixed for arguments on 29-1-2005, therefore, we are of the opinion that no question of law is involved in these petitions calling interference in exercise of jurisdiction under Article 185(3) of the Constitution of Islamic Republic of Pakistan, as such the petitions are dismissed and leave declined. Needless to observe, the Additional District Judge is directed to dispose of the appeals expeditiously without causing further delay in the decision.