| Case ID |
e243c88e-102a-4009-82ce-3ac6d7f2d319 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 277 |
| Decision Date |
May 05, 1979 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal was directed against the Lahore High Court's order vacating a previous stay order related to the resumption of land. The petitioners failed to comply with a condition to furnish security for mesne profits and instead submitted an affidavit. The Supreme Court held that the High Court's order was clear and unambiguous. The petitioners' non-compliance could not be condoned, and the appeal was dismissed. The Court emphasized the importance of adhering to court orders and the discretion of the High Court in such matters. |
| Summary |
This case revolves around a civil petition for special leave to appeal concerning a stay order issued by the Lahore High Court. The petitioners challenged the resumption of their land by the Thal Development Authority, seeking interim relief to maintain possession. The High Court's order required the petitioners to furnish security for mesne profits, which they failed to do. Instead, they provided an affidavit, leading to the vacation of the stay order. The Supreme Court upheld the High Court's decision, illustrating the significance of compliance with court orders and the discretionary power of the courts in handling such matters. The ruling underscores the procedural requirements in legal proceedings, emphasizing the necessity for clear communication and adherence to judicial directions. This case highlights important aspects of property rights and the legal obligations of parties involved in litigation, making it a significant reference for future cases involving similar legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKRAM,
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH
|
| Lawyers |
Syed Muhammad Ali Zaidi, Advocate Supreme Court,
Syed Inayat Hussain, Advocate-on-Record
|
| Petitioners |
GHULAM NABI,
6 others
|
| Respondents |
others,
ADMINISTRATOR, THAL DEVELOPMENT AUTHORITY
|
| Citations |
1981 SLD 402,
1981 SCMR 718
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199
|