MUHAMMAD ANWAR and anothers Versus MUHAMMAD AFZAL and others

This petition for leave to appeal arises from a suit for pre-emption filed by the petitioners, which was dismissed by the trial court on 12-12-1984. Subsequent appeals filed by the petitioners before the District Judge and the High Court were also dismissed. The High Court's dismissal was predicated on the finding that no decree had been passed in favour of the appellants before the target date, and consequently, no such decree could be granted in light of established Supreme Court of Pakistan precedents. Before the Supreme Court, the petitioners contended that the dismissal of their suit constituted a decree, thereby entitling them to relief. The Supreme Court rejected this argument, affirming that the legal position regarding pre-emption suits where no decree was passed before the relevant target date is well-settled. Relying on the principle established in Rozi Khan v. Karim Shah (1992 SCMR 445), the Court held that the petitioners could not be granted relief. The petition was accordingly dismissed, and leave to appeal was refused.