LAL and another vs ASHIQ HUSSAIN SHAH
This matter arises from a vendees and defendants petition for leave to appeal stemming from a pre-emption suit. During the proceedings, the parties entered into an out-of-court compromise and their respective counsel requested the disposal of the petition in accordance with the terms agreed upon. The core legal question concerned whether the petition and underlying suit could be resolved and disposed of based on a genuine out-of-court compromise between the litigants, especially in light of established case law affecting the sustainability of the lower courts' judgments. The Supreme Court of Pakistan held that since the compromise was genuine and presented no legal impediments, the petition was converted into an appeal and disposed of in terms of the compromise, with the pre-emptors withdrawing their original suit and the lower courts' judgments being set aside. The key principle established is that appellate proceedings may be amicably resolved and disposed of in terms of a lawful out-of-court compromise between parties.
- Can a petition for leave to appeal in a pre-emption matter be disposed of on the basis of an out-of-court compromise?
- Whether pre-emptors are permitted to withdraw their original suit pursuant to a compromise between the parties?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- In this vendees/defendants' petition for leave to appeal arising out of a pre-emption matter the parties having entered into a compromise out of Court, their learned counsel have requested for the disposal of the petition in terms of the compromise.
2. ' The compromise contained in the application moved in this behalf reads as follows:- "The parties in the above case have reached a compromise, to the effect that the above petition be converted into appeal and the appeal be accepted. The respondents who are plaintiffs/pre- emptors in the original suit filed, humbly withdraw their suit. Also the law has been laid down by this Honourable Court in the case reported as "Ghulam Qadir v. Nawab Din" PLD 1988 SC 701 on the basis of which the judgments of the Courts below cannot be sustained and may be set aside.
3. ' The parties therefore pray accordingly."
4. Both the learned counsel state that the compromise is genuine and that there is no impediment in its acceptance and made into order of the Court. Accordingly this petition is converted into appeal and disposed of in terms of the above reproduced compromise. There shall be no order as to costs.