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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. AKBER SULTAN VS Respondent: MURTAZA KHAN and others
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Sheikh Anwarul Haq, Muhammad Haleem Title: Mst. AKBER SULTAN vs MURTAZA KHAN and others Case No.:Civil Miscellaneous Petition No,37-R of 1980 (in Civil Petition for Special
Leave to Appeal No,133-R of 1979) Date of Judgment:1980-04-09 Reported As: 1990 SCMR 1344 Result: Stay order clarified. Judgment ORDER ' This is an application moved by the respondents for vacation of the stay by this Court on 29-6- 1979. Mr. Akhtar Ali, the learned Advocateon-Record appearing for the respondents/applicants submits that the dispute in the case pertains only to the land bearing khasra No,47/28, measuring 9 Kanals and 18 Marlas and that the dispute with regard to the remaining land stands finally concluded by the judgment and decree of the learned trial Court, dated 20-6-1972, which was never challenged by the present appellant (Mst. Akber Sultan). He further submits that leave to appeal was granted by the Court only in respect of Khasra No,47/28. We have examined the case in the light of the above submissions and find that leave was granted only in respect of Khasra No,47/28. Mr. Yaqoob Hussain Zaidi, Advocate-on-Record for the appellant concedes this position and states that the status quo order dated 29-9-1979, may be clarified. In the circumstances, we clarify that the stay granted by this Court is only with regard to Khasra No,47/28 measuring 9 Kanals and 18 Marlas and the decree-holders are entitled to possession of the other land which is not under dispute.