KHAIR MUHAMMAD And Others vs Sardar HABIBULLAH And Other

This matter came before the Supreme Court of Pakistan as a petition for leave to appeal. The nature of the proceedings involved a dispute between the parties, Khair Muhammad and others against Sardar Habibullah and others. During the course of the hearing, the learned counsel for the petitioners, acting on instructions, informed the Court that the parties had reached an out-of-court settlement regarding the underlying dispute. Consequently, the petitioners expressed that they were no longer interested in pursuing the petition further. The Court, acknowledging the statement made by the learned counsel for the petitioners regarding the settlement and the subsequent lack of interest in prosecuting the matter, proceeded to dismiss the petition. The holding of the Court was a dismissal of the petition for non-prosecution, effectively terminating the proceedings before the Supreme Court based on the parties' private resolution of their conflict. The principle affirmed is that where parties settle their dispute privately and the petitioner indicates a lack of interest in proceeding, the Court will dismiss the petition for non-prosecution.