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Petitioner: FAQIR MUHAMMAD And Others VS Respondent: Ch. ALI MUHAMMAD And Others
Court Name: Lahore High Court Judge(s): Raja Afrasiab Khan Title: FAQIR MUHAMMAD And Others vs Ch. ALI MUHAMMAD And Others Case No.: Writ Petition No.1717 of 1988 Date of Judgment:1992-02-08 Reported As: 1992 P Cr. L J 1085 Result: Order accordingly
JUDGMENT
JUDGMENT Faqir Muhammad son of Nemat Ali and Azhar Javaid son of Faqir Muhammad, petitioners, claim that they are owners of House No. A/73 Mohallah Malikanwala, Bhakkar City. The stand taken by respondent No.3, Atta Muhammad, is that the petitioners arc not owners of the house in question and in fact he is owner of the said property. He claims that he has inherited the house in question from his ancestors. Petitioners have instituted a civil suit against respondent No.3 before the Civil Court at Bhakkar to claim their ownership of the house in question: Similarly, a civil suit has also been filed by Atta Muhammad, respondent No.3, against the petitioners for cancellation of the sale-deed in order to establish his ownership vis-a-vis House No. A/73. In the meantime a criminal case was also registered on the statement of respondent No.3 against the writ petitioners and that the challan was submitted against the petitioners for their trial before the Criminal Court. This petition has been moved for quashment of F.I.R. No.56, dated 14-3-1988 Police I A Station City Bhakkar on the ground that the case is of civil nature and that the police has got no jurisdiction to interfere in the matter. 2. After hearing the learned counsel -for the parties and perusing the record, I am of the view that the controversy over the property in question is pending adjudication before the competent Civil Court at Bhakkar. In this view of the matter proceedings before the Criminal Court shall remain stayed fill such time the controversy is finally decided by the learned Civil Judge, Bhakkar. After the decision of the civil suits, copies of the judgments shall be forwarded by the learned Civil Judge to the Criminal Court to enable it to proceed further according to law. The learned Civil Judge Bhakkar before C whom the suits of the parties are pending shall dispose of the same within four months. With this observation, this petition stands disposed of with no order as to costs.