IFTIKHAR AHMA Versus ISHRAT ALI SIDDIQI

ORDER

1. NASIM HASAN SHAH, J .‑‑The petitioner challenges the order of a Division Bench of the Sind High Court dated 7‑4‑1987 passed in Constitutional Petition No.1059 of 1981. The High Court, by the aforesaid order, set aside the order of the Deputy Registrar as well as of the Secretary. Cc‑operatives Department and remanded the case to the Deputy Registrar to decide the appeal afresh after providing an opportunity to the parties to lead evidence on the question noted by it in the judgment. Herein, the High Court found that the petitioner Iftikhar Ahmad will be entitled to the plot of the land measuring 320 Sq.Yds. which was allotted to him by the Society and the opponent Ishrat Ali Siddiqi will be entitled to the possession of his original allotted plot measuring 556 Sq.Yds. with its original location, without any area in addition to it.

2. After hearing the learned counsel for the petitioner we feel that the dispute is mainly about the identification and demarcation of the plots transferred by the Firdous Cooperative Housing Society to the parties concerned. We also feel that it is in the true interest of both the parties that the disputes in this respect should be finally settled and both obtain a clear and undisputed title of the areas transferred in their favour. Since the judgment of the High Court is in aid of fostering justice, we do not consider that this is a fit case for the exercise of our discretionary jurisdiction to grant leave to' appeal.

3. M.I. /I‑26/S Petition dismissed.