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Initializing Secure Chambers
Petitioner: Malik KHADIM HUSSAIN VS Respondent: Ch. MUHAMMAD SIDDIQUE AND Another
Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: Malik KHADIM HUSSAIN vs Ch. MUHAMMAD SIDDIQUE AND Another Case No.: Petition for Special Leave to Appeal No. 300 of 1969 Date of Judgment:1969-12-18 Reported As: 1970 SCMR 293 Result: Leave refused
Judgment ORDER WAHIDUDIN AHMAD J.- This petition for special leave to appeal as directed against the order of a learned single judge of the west Pakistan High Court Lahore in Criminal Miscellaneous No. 5898 dated the 30 October 1969, whereby the application of thepetitioner to release Morris Car No.LEE/8172 to him was dismissed. During the pendency of the above proceedings, the above mentioned car was taken into possession by the order of the High Court on the ground that it was purchased with the money be- -longing to Mst. Hasina Begum. It was handed over to Ch. Muhammad Siddique, her father. Ch. Muhammad Siddique also filed Criminal Miscellaneous ' No. 4224 of 1969. While disposing of these petitions, the High Court directed that the car in question shall remain in possession of Ch. Muhammad Siddique till such time as the question of its ownership was decided by a civil Court of competent jurisdiction... This order was passed on the 26th September 1969. It is alleged by the petitioner that he purchased the said car from Feroze Din on the. 27th September 1969, i. e., to say a day after the above mentioned order was passed. Thereafter, he moved Miscellaneous No. 5898 of 1969 for the release of the said car in his favour learned Single Judge of the High Court, by order dated the 30th October 1969, has dismissed his application and has directed him to get the ownership of the car decided by a, civil Court of competent jurisdiction. The petitioner seeks permission to file an appeal against the said order. th