| Case ID |
04028276-6235-40c6-90b8-ddda902f33bf |
| Body |
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| Case Number |
Civil Petition No 132 P of 1979 |
| Decision Date |
Jun 16, 1979 |
| Hearing Date |
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| Decision |
The Supreme Court dismissed the petition for special leave from the order passed by the learned Chief Justice of the Peshawar High Court. The court held that the appeal was still pending adjudication on the merits in the High Court and it was not desirable to entertain the petition against the interim order at this stage. The petitioner was advised to raise any contentions against the final judgment in the appeal once it was decided. The court noted the importance of not allowing piecemeal hearings, especially when the case involved fundamental rights and property disputes. The dismissal was based on the lack of compelling reasons to intervene in the lower court's decision at this stage. |
| Summary |
In the case of Haji Said Khan vs. Aya Khan and Another, the Supreme Court of Pakistan addressed a petition for special leave regarding a prior order by the Peshawar High Court. The dispute revolved around a land sale and the right of pre-emption claimed by the respondents, who argued they had a superior right as co-sharers. The court emphasized the principle of not hearing cases piecemeal and highlighted that the petitioner's appeal was still pending in the High Court. The decision reinforced the importance of due process in property disputes and the rights of parties involved. The case underlined the legal complexities surrounding land ownership and the rights of pre-emption in Pakistan, which are critical in ensuring fair transactions and protecting the interests of co-sharers. With the appeal still in progress, the court dismissed the petition while allowing for future contentions to be raised in the appeal process. This case is significant for its implications on land rights and the judicial approach to interim orders. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKRAM,
DORAB PATEL,
G. SAFDAR SHAH
|
| Lawyers |
D. M. Kamil
|
| Petitioners |
Haji Said Khan
|
| Respondents |
Another,
Aya Khan
|
| Citations |
1979 SLD 657,
1979 SCMR 577
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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