RESIDENTS OF MUHALLAH YARKHOR MOZA THALLAY TEHSIL DAGHONI DISTRICT GHANCHE Versus RESIDENTS OF MUHALLAH CHUNDU MOZA THALLAY TEHSIL DAGHONI DISTRICT GHANCHE

ORDER

1. RANA MUHAMMAD ARSHAD KHAN, C.J.--- The suit for declaration and permanent injunction filed by petitioners/plaintiffs against the respondents/defendants was dismissed vide Judgment dated 9-8-1998 passed by the learned Civil Judge Khaplu, Camp at Skardu. The petitioners/plaintiffs feeling aggrieved, called in question the Judgment in the Court of learned District Judge, Ghanche (Khaplu), the same was accepted and the suit of the petitioners/plaintiffs was decreed vide judgment dated 29-6-2002 passed by the learned District Judge Ghanche. The petitioners/defendants feeling aggrieved challenged the judgment dated 29-6-2002 before the Chief Court, Gilgit-Baltistan. The learned Single Judge of the Chief Court vide Judgment dated 11-4-2013 accepted the appeal while setting aside the impugned judgment dated 29-6-2002 and upheld the judgment dated 9-8-1998 passed by the learned Trial Court.

2. The petition for hearing was fixed for today i.e. 29-8-2013. The representatives of the respective parties entered appearance in the court, duly identified by the learned counsel for the parties and presented an agreement executed between the parties.

3. The parties with their free will agreed to constitute a board consisting (1) Yahya Chairman LSO, (2) Hussain Ali Farman, Vice Chairman, (3) Bawa Musa Ali, Member, (4) Muhammad Hussain, Member, (5) Ghulam Mehdi, Member, (6) Ahmed Ali, Manager LSO and (7) Shujaat Ali, Member. The constituted board in its meeting held on 27-8-2013 decided the dispute between the parties and all the concerned parties along with members of the board signed the document and this dispute was resolved in the following terms.

4. The written agreement between the parties is presented in the Court today i.e. 29-8-2013 which has been placed on the file as Mark 'A' and we hold to make the same "Rule of the Court" as under:-

5. "That the second party will be allowed to take water from the Chal Chal Water Cannel when the quantity of snow melted water is sufficient enough to irrigate the settled areas (Chobrook) and surplus water goes into the River Thalay.

6. The parties in connection with the rights of Cow grazing, grazing and irrigation shall be bound to act in accordance with the Settlement by the government.

7. The petition before this Court stands disposed of as per agreement and the "Rule of the Court" supra.

8. HBT/30/GB Order accordingly.