Pakistan Case Law
1998 SCMR 345

MUHAMMAD SHAUKAT HAYAT and 4 others vs Hakim MUHAMMAD ASHRAF

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Citation1998 SCMR 345
CourtSupreme Court of Pakistan
Case No.Civil Petition No.606-L of 1995
Date1997-02-16
Judge(s)Zia Mahmood Mirza and Raja Afrasiab Khan
Authored byZia Mahmood Mirza
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a long-standing property dispute between the petitioners and the respondent regarding the residential portion of an evacuee property located in Kabula Bazar, Arifwala, District Sahiwal. The litigation between the parties has persisted for approximately four decades. During the proceedings before the Supreme Court, the parties reached a mutual settlement and presented a formal Compromise Deed, signed by both parties and their respective legal counsel, requesting the Court to accept the terms of the settlement. The Court examined the compromise and determined that it was in the best interest of all parties involved, as it would effectively resolve the protracted litigation. Consequently, the Court accepted the compromise, directed that the disputed property be transferred in accordance with the terms specified in the Compromise Deed, and ordered that the deed be read as an integral part of the Court's order. The petition was converted into an appeal and disposed of in terms of the compromise, thereby bringing the decades-long dispute to a final conclusion.

Questions settled in this judgment
  • Can the Supreme Court dispose of a petition in terms of a compromise reached between parties?
  • Is a compromise deed signed by parties and their counsel binding upon the court in property disputes?
evacuee propertyproperty disputecompromise deedsettlement of litigationcivil appeal

1. ' ZIA MAHMOOD MIRZA, J.---Dispute between the parties, petitioners and respondent No,1 herein, relates to residential portion of evacuee property bearing No,72/F situate in Kabula Bazar, Arifwala, District Sahiwal. They have, however, entered into a compromise, terms whereof have been set forth in detail in the Compromise Deed which has been signed by both the parties as also by their learned counsel. An application signed by both the parties and their learned counsel has been presented in Court today praying that the compromise may be accepted. The compromise appears to be in the interest of both the parties as it will put an end to litigation extending over a period of four decades. We, therefore, accept the compromise and direct that the property in dispute be transferred to the petitioners and respondent No,1 in accordance with the Compromise Deed marked "C-I" and which shall be read as part of this order. This petition is accordingly converted into an appeal which is disposed of in terms of the afore-noted compromise.

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