MUHAMMAD LSHAUQE Versus GHULAM MUHAMMAD

ORDER

1. ABDUL KADIR SHAIKH, J. ‑‑Mr.Basharatullah, learned counsel for the appellant has filed an application praying for grant of permission to withdraw the appeal on the ground that it has been rendered infructuous, in that, according to appellant "the house suit‑property had been vacated by the respondent, therefore, the appellant submitted .'n application to the Assistant Commissioner, Upper Zone, Muslim I3agh, on 2‑7‑1987 to intimate the fact that the respondent had vacated the house belonging to the appellant and has left and that he be permitted to come into possession".

2. Mr. S . A . M . Quadri, learned counsel for the respondent states no objection to the grant of appellant's request for withdrawal of the appeal but he controverts the allegation that respondent has vacated the suit property or that he is not in possession thereof.

3. On being questioned if appellant wishes to withdraw the appeal without any condition attached to it, Mr. Basharatullah states that he has instructions from the appellant that he is now in possession of the suit property but nothing need be mentioned one way or the other in this regard and this aspect of the controversy may be left open between the parties, and that appellant would like to withdraw the appeal without any conditions attached to it.

4. In the circumstances, the appeal is dismissed as withdrawn with no order as to costs.

5. M.I. /M‑540/S Order accordingly