SHAFQAT ANEES and 2 others vs KARAMAT ALI and 3 others
This matter came before the Supreme Court of Pakistan as a petition for leave to appeal. The nature of the proceedings involved a challenge to ongoing litigation where the respondents had filed a suit against the petitioners. During the hearing, counsel for the petitioners, Ch. Khan Muhammad Bajwa, stated that the trial court had already dismissed the respondents' suit. Consequently, an appeal against that dismissal is currently pending before the relevant Appellate Court. Counsel for the petitioners expressed an intention to withdraw the instant petition before the Supreme Court, opting instead to raise all relevant legal arguments and contentions before the Appellate Court in the pending appeal. The Supreme Court, acknowledging the request of the petitioners' counsel to not press the petition, dismissed the matter as withdrawn. The Court did not delve into the merits of the case, as the withdrawal rendered the adjudication of the underlying legal questions unnecessary at this stage, allowing the parties to pursue their remedies in the appropriate appellate forum.
- Can a petitioner withdraw a petition for leave to appeal before the Supreme Court of Pakistan?
- Does the pendency of an appeal before an Appellate Court allow a party to withdraw a concurrent petition before the Supreme Court?
ORDER
ABDUL HAMEED DOGAR, J.---At the very outset Ch. Khan Muhammad Bajwa, learned Advocate Supreme Court for the petitioners does not want to press this petition. He states that the instant suit filed by the respondents has been dismissed against which appeal is pending before the learned Appellate Court and he would raise all the legal points before the said Court.
2. The petition is dismissed as withdrawn.