GHULAM NABI And Others vs Mst. SADIQAN
This matter originated as a petition for leave to appeal against a judgment in a pre-emption suit. The respondent had successfully pre-empted a sale made in favour of the petitioners, asserting a superior right of pre-emption. The trial court decreed the suit in favour of the respondent, a decision which was subsequently upheld by the District Judge in the first appeal and by the High Court in the second appeal. The petitioners sought leave to appeal before the Supreme Court of Pakistan. Additionally, a separate civil miscellaneous petition was filed seeking the initiation of contempt of court proceedings against the petitioners. Upon review, the Supreme Court determined that the case did not involve any substantial question of law warranting interference by the apex court. Consequently, the Court found no merit in the petition for leave to appeal. Furthermore, the Court concluded that the application for contempt proceedings was without substance and did not necessitate any judicial action. Accordingly, both the petition for leave to appeal and the application for contempt proceedings were dismissed by the Court.
- Does a pre-emption suit involving concurrent findings of fact by lower courts raise a question of law sufficient for Supreme Court interference?
- Are contempt of court proceedings warranted when a petition for leave to appeal against a pre-emption decree is dismissed?
ORDER
1. NASIM HASAIN SHAH, J.--This order will dispose of Civil Petition No. 583 of 1982 and Civil Miscellaneous Petition No. 379 of 1983 in Civil Petition No. 5 83 of 1982.
2. The petition arises in a pre-emption matter.
3. The respondent had pre-empted a sale made in favour of the petitioners claiming that she had superior right of ore-emption. The suit was decreed and the judgment of the trial Court was upheld, on appeal, by the learned District Judge and, on second appeal, by the High Court.
4. No question of law arises in this matter and this is not a fit case for interference by this Court.
5. Similarly, the application for taking contempt proceedings against the petitioner (being urged through Civil miscellaneous Petition No. 379 of 1983 in Civil Petition No. 583 of 1982) also does not call for any action.
6. Both the petitions for leave and the application praying for taking contempt of Court proceedings are, accordingly, dismissed.