Pakistan Case Law
1987 SCMR 1756(1)

Mistri MUHAMMAD HASSAN And Another vs Haji ABDUL HAMEED KASHANI

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Citation1987 SCMR 1756(1)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.50-Q of 1986
Date1969-04-11
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat
ResultOrder accordingly
Summary

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal. The core legal question involves the continuation of appellate proceedings in light of a settlement reached between the contesting parties. The court's decision is to grant the request of the petitioners' counsel to dismiss the petition as withdrawn, based on the statement made by the learned counsel for the caveator that an out-of-court settlement has been successfully reached between the parties. The key principle laid down is that where parties have amicably resolved their dispute outside the court, the petition may be dismissed as withdrawn upon the request of the petitioner.

Questions settled in this judgment
  • Can a petition be dismissed as withdrawn when the dispute has been settled outside the court?
  • Whether the court will permit the withdrawal of a petition upon the request of the petitioners' counsel?
petition withdrawnout-of-court settlementcompromisecivil petition

ORDER

1. ABDUL KADIR SHAIKH J.--Mr. Tahir Mohammad Khan learned counsel for the Caveator states that the dispute between the parties has been settled outside the Court.

2. The request made by learned counsel for the petitioners is granted and the petition is dismissed as withdrawn.

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