Mst. AKBER SULTAN vs MURTAZA KHAN and others
This is an application filed by the respondents for the vacation or clarification of a stay order granted by the Supreme Court of Pakistan on 29-6-1979 in a property dispute between Mst. Akber Sultan and Murtaza Khan and others. The core legal question concerned the exact scope and extent of the interim stay order and whether it covered the entire land or only a specific portion. The Court held and clarified that leave to appeal was granted solely in respect of Khasra No. 47/28 measuring 9 Kanals and 18 Marlas, and the dispute regarding the remaining land stood concluded by the trial court's unchallenged judgment and decree. The key principle laid down is that an interim stay or status quo order granted by an appellate court operates strictly within the confines of the subject matter for which leave to appeal has been granted.
- Does an interim stay order granted by an appellate court cover land outside the scope of leave to appeal?
- Are decree-holders entitled to possession of land not subject to a pending appeal?
- What is the effect of failing to challenge a trial court judgment and decree regarding a portion of disputed property?
ORDER
1. ' This is an application moved by the respondents for vacation of the stay by this Court on 29-6- 1979. Mr. Akhtar Ali, the learned Advocateon-Record appearing for the respondents/applicants submits that the dispute in the case pertains only to the land bearing khasra No,47/28, measuring 9 Kanals and 18 Marlas and that the dispute with regard to the remaining land stands finally concluded by the judgment and decree of the learned trial Court, dated 20-6-1972, which was never challenged by the present appellant (Mst. Akber Sultan). He further submits that leave to appeal was granted by the Court only in respect of Khasra No,47/28.
2. We have examined the case in the light of the above submissions and find that leave was granted only in respect of Khasra No,47/28. Mr. Yaqoob Hussain Zaidi, Advocate-on-Record for the appellant concedes this position and states that the status quo order dated 29-9-1979, may be clarified. In the circumstances, we clarify that the stay granted by this Court is only with regard to Khasra No,47/28 measuring 9 Kanals and 18 Marlas and the decree-holders are entitled to possession of the other land which is not under dispute.