| Case ID |
42b5faf4-67e9-41a3-aaf8-bdb19beabbcf |
| Body |
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| Case Number |
W.P. No. 9804 of 2006 |
| Decision Date |
Oct 10, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition challenging the interim order dated 19.7.2006 passed under Section 7 of the Illegal Dispossession Act, 2005. The court held that the discretionary order issued by the lower courts could not be contested in its constitutional jurisdiction unless it was proven to be whimsical, fanciful, or arbitrary. The petitioner failed to demonstrate any illegality or infirmity in the orders of the learned Additional Sessions Judge. Thus, the court ruled that the impugned orders were valid and could only be challenged through an appeal against the final judgment. |
| Summary |
This case revolves around the Illegal Dispossession Act, 2005, where the petitioner, Ghulam Qadir, challenged an interim order related to dispossession. The Lahore High Court emphasized the importance of established legal procedures and the limits of constitutional jurisdiction when reviewing discretionary orders from lower courts. The ruling underscored that interim orders under the Illegal Dispossession Act cannot be directly challenged in constitutional petitions but must follow the appropriate legal channels. The decision reflects the court's commitment to uphold lawful property rights and the integrity of judicial proceedings, aligning with current trends in property law and civil rights protection. This case serves as a significant reference for similar legal disputes, highlighting the procedural safeguards in place to address allegations of illegal dispossession. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ SHAMIM, J.
|
| Lawyers |
Qazi Muhammad Arshad Bhatti, Advocate for Petitioner,
Mr. Fazal Hussain, Advocate for Respondent No. 1
|
| Petitioners |
GHULAM QADIR
|
| Respondents |
5 others,
Mst. AZRA BIBI
|
| Citations |
2007 SLD 2993,
2007 PLJ 252
|
| Other Citations |
1985 SCMR 1925
|
| Laws Involved |
Illegal Dispossession Act, 2005,
Constitution of Pakistan, 1973
|
| Sections |
7,
199
|