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Petitioner: PROVINCE OF PUNJAB AND Another VS Respondent: Mst. GHULAM FATIMA AND Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi Title: PROVINCE OF PUNJAB AND Another vs Mst. GHULAM FATIMA AND Other Case No.: Civil Petition No. 636 of 1982 Date of Judgment:1983-04-22 Reported As: 1983 SCMR 1301 Result: Petition dismissed
Judgment ORDER M. S. H. QURAISHI, J.-The matter relates to an interlocutory order made under Order XXXIX, rules 1 and 2, C. P. C. The petitioner, that is the Province of Punjab, brought a suit for a declaration and injunction against the order of the Superintending Canal officer, allowing Bashir Ahmad, the predecessor-in-interest of the respondents, to draw his entire requirement of water from one outlet, i. e., No. 20722/L instead of two. An application under Order XXXIX, rules 1 and 2 was made in the suit which was rejected by the trial Court but was allowed by the Additional District Judge, Rahimyarkhan, in appeal. In revision moved by the respondents, it was brought to the notice of the High Court that the order of Superintending Canal Officer had already been implemented and as such the. Application had become infructuous. The High Court accordingly by its order, dated 21-4- 1982 quashed the order of the Additional District Judge. 2. Since the parties were at variance on the question whether the order of the Superintending Canal Officer had already been implemented, we summoned the officers from the Department. M/s. Sharif Ahmad, Superintending Canal Officer, Muzaffar Hussain, Executive Engineer, and Inayat Ullah, S. D. O., from the Department are present and inform this Court that the order was in fact already implemented and that the respon--dents have been drawing water from the consolidated outlet No. 20722/L. That being so, no exception can be taken to the impugned order of the High Court. The petition is dismissed. S. Q.