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Petitioner: ABDUL SATTAR VS Respondent: Mst. AZRA KHANAM And 5 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: ABDUL SATTAR vs Mst. AZRA KHANAM And 5 Other Case No.: Civil Petition for Leave to Appeal No. 222 of 1986 R.S.A. No. 580 of 1977 Date of Judgment:1991-08-19 Reported As: 1991 SCMR 366 Result: Petition dismissed
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Petitioner's Review Application against the dismissal of a Regular Second Appeal as withdrawn was dismissed by the High Court with the observation that he may seek other remedy available to him under the law. He has now sought leave to appeal. According to learned counsel the suit of respondent No.6 for declaration regarding the suit property was dismissed. He failed in appeal before the District Court and then filed a Regular Second Appeal in the High Court. During the pendency of the litigation the petitioner claims to have purchased the property from the plaintiff, who withdrew his appeal before the High Court thereby, as stated by the learned counsel, depriving the petitioner of his remedy. He accordingly argued that the High Court should have restored the R.S.A. And should have allowed the same as that of the petitioner. After hearing the learned counsel at some length we do not consider it a fit case for grant of leave to appeal. The petitioner, if so advised, may seek any other remedy if available in accordance with the observations of the High Court. This petition, accordingly, is dismissed.