NOOR MUHAMMAD And Others vs MUHAMMAD SIDDIQUE And Other
This matter concerns two review petitions filed against an earlier order of the Supreme Court of Pakistan that had refused leave to appeal in two separate cases. Upon initial review, the Court determined that the contentions raised by both parties warranted further examination, leading to the scheduling of a regular hearing for the review petitions. After hearing the arguments again, the Court recalled its previous order dismissing the leave to appeal petitions. Consequently, the Court granted leave to appeal in both matters. The Court directed that the appeals be prepared based on the existing record, with liberty granted to the parties to file necessary additional documents. Furthermore, the Court ordered that the status quo regarding the possession of the subject matter be maintained pending the final adjudication of the appeals, and set the security amount at Rs. 5,000 for each case.
- Can the Supreme Court recall an order refusing leave to appeal upon a review petition?
- Does the granting of leave to appeal necessitate the maintenance of status quo regarding possession?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal in these two matters was refused. On review applications filed by both the sides, however, by order dated 10-8-1988 it was held that the contention noted therein needed examination. That being so, the review petition 21/88 required regular hearing and for than reason, the Review Application No. 22 of 1988 also needed regular hearing.
2. We have heard the matter again. For the facts and circumstances and reasons mentioned' in the order dated 10-8-1988, we recall the order of dismissal of leave to appeal petitions. And grant leave to appeal therein.
3. Security in each case Rs.5,000.
4. The appeals shall be prepared on the present record with direction to the parties to rile all necessary additional documents. Status quo with regard to possession to be maintained.