Sheikh MUHAMMAD YOUSUF vs MUHAMMAD FAZIL And Another
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal against an interlocutory or remand order. During the hearing, the petitioner's counsel sought to withdraw the petition to avoid any potential prejudice to the petitioner's pending writ petition in the High Court, which challenges the subsequent appellate judgment passed by the District Court following the impugned remand order. The counsel chose not to press the petition, relying on an undertaking given by the respondent's counsel that the underlying eviction order would not be executed for a period of fifteen days, thereby enabling the petitioner to approach the High Court for a fresh interim stay order. The Supreme Court accordingly dismissed the petition as not pressed, observing that the dismissal would not prejudice the petitioner's case currently pending before the High Court.
- Can a petition be dismissed as not pressed when the petitioner seeks to pursue remedies in a pending writ petition before the High Court?
- Whether an undertaking regarding the non-execution of an eviction order can facilitate the withdrawal of a petition before the Supreme Court?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--After arguing the matter at some length learned counsel states that the decision of this petition by this Court might prejudice the petitioner's case in a writ petition filed in the High Court from the judgment in appeal by the District Court passed after the High Court had passed the impugned remand order.
2. He accordingly, without prejudice to the petitioners right to press all the available points in the High Court, has not pressed this petition.
3. He did so also on the undertaking by the learned counsel for the respondent that the eviction order impugned before the High Court in the Writ Petition now pending, would not be executed for 15 days so as to enable the petitioner to seek and obtain a fresh stay order in the said Writ petition by making an application before the High Court.
4. Accordingly, this petition is dismissed as not pressed with the observation that this order shall in no way prejudice the petitioners case pending in the High Court.