NAZEER HUSSAIN Versus ADDITIONAL DISTRICT JUDGE

ORDER

1. JAVID IQBAL, J.‑‑ This petition for leave for appeal has been filed by Hakeem Nazeer Hussain petitioner and is directed against order of the Lahore High Court, Lahore dated 20th April, 1987 passed in Writ Petition No.1744 of 1987. Briefly the background is that suit is pending between the petitioner and respondents Nos.2 and 3 before a Civil Judge who had passed an interim order on the application of the petitioner appointing a Local Commissioner to carry out measurements of the alleged encroachment of property in dispute. On this the aforesaid respondents filed a revision and the Additional District Judge reversed the view of the Civil Judge. Thereafter, the petitioner challenged the order of the Additional District Judge by way of a writ petition before the Lahore High Court Lahore. This writ petition was dismissed. Hence the present petition for leave to appeal.

2. Learned counsel for the petitioner attempted to argue that the order of the Additional District Judge should have been set aside by the learned Judge of the High Court for the reason that it was necessary to appoint a Local Commissioner for determining the extent of encroachment. After hearing learned counsel at some length we are of the view that it is not a fit case for interference as the matter is still pending before the Civil Judge and that furthermore an order passed by the Additional District Judge in the circumstances could have not been interfered with in the constitutional jurisdiction by the High Court. The result is that this petition is dismissed.

3. M.I. /N‑69/5 Petition dismissed.