ABDUL SATTAR Versus ZAITOON

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by pre‑emptors in these petitions in separate cases.

2. Learned counsel who have appeared before us in support of these petitions have stated that no decree was passed at any stage by any Court in favour of any of the petitioners/ pre‑emptors, before the 31st of July, 1986. That being so, no decree can be passed in favour of any of them as held by this Court in case of Sardar Ali PLD 1988 S C 287. Leave to appeal is, therefore, refused and the petitions are dismissed.

3. It needs to be observed that in C.P. 892/1985 which prima facie is barred by 43 days, none appeared to prosecute the petition. However, from the record it appears that no decree has so far been passed in favour of the pre‑emptor/ petitioner therein. We have accordingly dismissed this petition also. However, if it is discovered that a decree in petitioners' favour was passed at any stage before 31‑7‑1986, a review petition might then be filed. The petitioner shall be informed about this order.

4. Before closing, it needs to be noted that in C.P. 1032/1985, learned counsel stated that no decree was passed in favour of the petitioners/ pre‑emptors in so far as the vendees other than those specified in the petition, are concerned, before 31‑7‑1986, In this case also after hearing the learned counsel, this petition, in the circumstances thereof, would fall in the category of pre‑emptors' petitions, which are being disposed of by this order.

5. M.Y.H./A‑262/S Leave refused.