ABDUL MAJID And Others vs MUHAMMAD WALAYAT KHAN Through His Legal
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal arising from a pre-emption suit. The core legal question examined by the court is whether the first appeal in the pre-emption matter should have been properly filed before the High Court or the District Court. After hearing the learned counsel for the parties, the court granted leave to appeal to consider this jurisdictional question and ordered the matter to be heard alongside other connected cases raising the same issue. Additionally, the court directed that status quo be maintained regarding the property in dispute until a specified date, subject to further applications for interim orders if necessary.
- Whether the first appeal in a pre-emption matter should be filed in the High Court or before the District Court?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--After hearing the learned counsel leave to appeal is granted inter alia to examine the point whether A the first appeal in this pre-emption matter should have been filed in the High Court or before the District Court. Security Rs.2,500.
2. To be heard with all other connected matters in which same question arises including C.A. 11/85, C.A.12/85 and C.P.538/84 wherein leave was granted on 13-2-1985.
3. All these appeals shall be fixed for hearing before end of June 1985. Completion to be done expeditiously.
4. Status quo in this case shall be maintained till 30-6-1985 where after if the appeal is not disposed of, a fresh application may be moved for obtaining interim order.