Pakistan Case Law
1989 SCMR 1723

HIDAYAT ALI and others vs Mst. AZIZAN BIBI and others

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Citation1989 SCMR 1723
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No,1119 of 1984
Date1988-11-08
Judge(s)Muhammad Afzal Zullah and Jawid Iqbal
Authored byMuhammad Afzal Zullah
ResultAppeal allowed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition seeking leave to appeal before the Supreme Court of Pakistan, involving private parties who subsequently resolved their dispute entirely out of court. The core legal question addressed by the court was whether the pending judicial proceedings could be concluded on the basis of a lawful out-of-court compromise reached between the contesting parties. Holding that both learned counsel were fully satisfied regarding the genuineness and legality of the settlement, the court exercised its jurisdiction to resolve the matter accordingly. The court decided to convert the petition into an appeal and allow it in exact terms of the compromise agreement submitted by the parties, with no order as to costs. The key principle laid down is that the apex court may dispose of pending matters by converting petitions into appeals and granting relief in accordance with a genuine and lawful out-of-court settlement reached by the litigants.

Questions settled in this judgment
  • Can a petition before the Supreme Court be converted into an appeal and decided on the basis of an out-of-court compromise?
  • Whether the Supreme Court can record a lawful settlement reached between parties and dispose of the matter in terms thereof?
compromiseout-of-court settlementconversion of petition into appealsupreme court practicecivil procedure

ORDER

1. ' MUHAMMAD AFZAL ZULLAH. J.--The petitioners have settled the matter out of Court. An application has been made to decide this matter in terms of the compromise, the original whereof is attached with the application. Both the learned counsel are satisfied about the genuineness and legality of the settlement. The compromise is recorded as follows: {{URDU TEXT}} This petition is converted into appeal and the same is allowed in terms of the compromise. There shall be no order as to costs.

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