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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ABDUL HAMID VS Respondent: ADDITIONAL DISTRICT JUDGE, SARGODHA AND ANOTHER
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sheikh Anwarul Haq Title: ABDUL HAMID vs ADDITIONAL DISTRICT JUDGE, SARGODHA AND ANOTHER Case No.: Civil Petition for Special Leave to Appeal No, 264 of 1972 Date of Judgment:1975-10-07 Reported As: 1975 SCMR 293 Result: Petition allowed
Judgment ORDER ' SALAHUDDIN AHMED, J.-By an order dated the 16th of November, 1972, this Court granted leave to appeal in Civil Petition for Special Leave to Appeal No, 264 of 1972, and also passed a stay order in favour of the petitioner subject to deposit by him of uptodate rent with the Rent Controller. ' The present application is by respondent Ghulam Sabir, the transferee of the property in dispute. He has complained that the petitioner has failed to comply with the directions of the Court regarding deposit of up-to-date rent, and the aforesaid order should, therefore, be rescinded. On the 11th of June, 1974, a notice of this application was directed to be issued to the petitioner. Sh. Abdul Karim, Advocate on Record, has appeared on behalf of the petitioner. At first he said that he had no instructions in the matter. Later, however, he asked for time to ascertain the correct position. ' As noticed already a notice was directed to be issued to him in June 1974, and he had, therefore, plenty of time to obtain instructions from the petitioner. The respondent's statement about non- compliance with this Court's order remains unchallenged. ' We have no other alternative but to accept the respondent's application and vacate the order of stay passed by this Court on the 16th of November, 1972. ' The application is accordingly allowed but without any order as to costs.
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