MUHAMMAD ISHTIAQ Versus MUHAMMAD IQBAL

AJMAL MIAN, J.‑‑ This appeal is directed against the preliminary decree dated 15‑10‑1985 passed by the learned Single Judge of this Court in Suit No.710 of 1984, which was a suit for administration in respect of the cash and immovable property belonging to deceased Gul Abbas. The present appellants were the defendants in the above suit. Though the order indicates that the learned counsel for the appellants had given his consent to the passing of the preliminary decree but his submission is that the above consent was given on the condition that the house which was in the name of the respondent should have been included as a part of the estate of the deceased as the money was provided by him for the construction. It is also the case of the appellants that there are number of other properties namely, Plots etc., which are in the names of the other legal heirs and which are treated as the part of the estate of the deceased.

2. The learned counsel for the respondent points out that the Administrat4 has submitted his report which is to be taken up by the learned Single Judge, in our view, it is still open to the appellants to agitate the question that the above on the above point the appellants can file appeal against the final judgment.

With the above observation, the appeal is disposed of with no order as to costs.

AA/M‑560/K. Order accordingly.