2010 GBLR 138

MUHAMMAD DIYAR Versus ZAMINDARAN HANZAL

Citation2010 GBLR 138

CourtSupreme Appellate Court Gilgit Baltistan

Judge(s)Muhammad Nawaz Abbasi, C.J. and Syed Jaffar Shah

ORDER

1. The learned Counsel for petitioners on instruction of Abdul Ali, Chief Executive Gatko Gas Company Pvt. Ltd. present in Court states that the construction is being carried only on a small portion of land measuring two kanal and if the petitioner and Gatko Gas Company Pvt. Ltd. are allowed to complete the construction and carry out the business in the premises, at their own cost and risk with the undertaking that if ultimately final decree is passed against them in the suit, subject to the permission to remove the machinery and other moveable from the premises they will not claim ownership of building which will be treated as property of the decree holder.

2. The learned Counsel for the respondents states that respondents have no objection to the grant of permission to the petitioners and Gatko Company to the completion of the construction of building on an area of two kanal of land subject to the condition that they will not utilize any further area in their possession till the final decision of the suit and except machinery and moveable owned by them will not claim ownership of building if suit is finally decreed against them.

3. In view of the statement of the learned Counsel for the parties and Mr. Abdul Ali, Chief Executive Gatko Gas Company Pvt. Ltd., present in Court, we modifying the order of Chief Court direct that petitioners and Gatko Gas Company PVT Ltd, may complete the construction on an area of two kanal of disputed land at their own cost and risk subject to the condition that on the final disposal of suit, the, building will be treated as property of decree holder and if the decree is passed against the petitioners, they without claiming ownership of building will be allowed to remove their moveable and machinery from the premises.

4. The parties in the present petition and Gatko Gas Company PVT Ltd., will maintain the status quo qua the ownership and character of land in dispute except construction on two kanal of land pending final disposal of suit.

5. In view of the nature of dispute and the litigation between the parties we deem it proper to direct the trial Court for disposal of the suit within six months. This petition in the above terms stands disposed of.

6. M.H./30/Glt. Order accordingly.