Pakistan Case Law
1990 SCMR 695

Malik INAYAT ULLAH vs MEMBERII, BOARD OF REVENUE, BALOCHISTAN and others

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Citation1990 SCMR 695
CourtSupreme Court of Pakistan
Case No.Civil Appeal No,92 of 1982
Date1989-05-21
Judge(s)Nasim Hasan Shah, Shafiur Rahman and Ali Hussain Qazilbash
Authored byNasim Hasan Shah
ResultAppeal dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan as an appeal filed by Malik Inayat Ullah against the Member-II, Board of Revenue, Balochistan and others. The core legal question concerned the sustainability of the appellant's challenge against prior revenue and evacuee property orders, particularly in light of the dismissal of a connected writ petition by the High Court which upheld the orders of the Deputy Custodian, Evacuee Property and the Member Board of Revenue. Upon the matter being heard, the learned counsel for the appellant stated he no longer wished to press the appeal, recognizing that the High Court's dismissal of the earlier writ petition rendered the present proceedings unnecessary. Consequently, the Supreme Court held that the appeal should be dismissed as not pressed, leaving the parties to bear their own costs. The key principle established is that an appeal explicitly abandoned by the appellant's counsel in light of prior conclusive judicial determinations will be dismissed accordingly without adjudication on merits.

Questions settled in this judgment
  • Whether an appeal can be dismissed as not pressed when the appellant's counsel elects not to pursue the matter further?
  • Does the dismissal of a related constitutional writ petition by the High Court render a subsequent appeal unnecessary?
civil appealevacuee propertywrit petitionboard of revenueappeal not pressed

ORDER

1. ' NASIM HASAN SHAH, J.--After arguing the matter for some time Mr.A.R.Shaukat, learned counsel for the appellant, stated that he would not like to press this appeal because in his view the fact that the High Court had dismissed (on 20-12-1981) Writ Petition No, 154 of 1976 filed by respondent No,2 (S.B.Khan son of Haji Jaffar Khan) which resulted in keeping intact the order of the Deputy Custodian, Evacuee Property, Khairpur, Quetta and Kalat Divisions dated 4-12-1970 and the order dated 7-6-1976 passed by the Member Board of Revenue, Balochistan exercising powers of the Custodian, Evacuee Property, dismissing the appeal preferred against the order of the Deputy Custodian, the present appeal is unnecessary.

2. As the appellant does not wish to press this appeal, this appeal is dismissed, as not pressed, leaving the parties to bear their own costs.

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