MUHAMMAD SHARIF vs Mst. MUKHTARAN BIBI and 2 others
This petition for leave to appeal challenged a judgment of the Lahore High Court concerning an ejectment matter. The core legal question involved the procedural management of a case where the record of the lower court was missing or incomplete, hindering the progress of the ejectment petition. The parties reached a mutual settlement to resolve the dispute, proposing the reconstruction of the lower court's record through the production of available documents, granting the respondent a final opportunity to present evidence, and setting a firm timeline for the final disposal of the case. The Supreme Court accepted this arrangement, converting the petition into an appeal and disposing of it accordingly. The Court directed the trial court to reconstruct the record and mandated that the Rent Controller finalize the ejectment proceedings by a specific date, thereby emphasizing the court's authority to issue procedural directions to ensure the expeditious disposal of litigation when parties agree to a structured resolution.
- Can the Supreme Court convert a petition for leave to appeal into an appeal to dispose of a matter based on a mutual agreement between parties?
- Does the Supreme Court have the authority to set a specific timeline for the disposal of an ejectment petition by a Rent Controller?
- Can a court order the reconstruction of a missing lower court record based on documents produced by the parties?
ORDER
' IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the judgment, dated 19-2-1997 passed by the Lahore High Court, Lahore in Writ Petition No,11850 of 1996.
2. The learned counsel for the parties have submitted an application for disposal of the petition in the following terms:-- "(i) that the record of lower Court be reconstructed by producing the copies of the documents and proceedings etc. In their possession on the date fixed, by this august Court.
(ii) Respondent No,1 be given one opportunity to produce her complete evidence.
(iii) Time limit be fixed for disposal of the ejectment petition."
3. The above course appears to be reasonable. We, therefore, convert this petition into appeal and dispose of the same in terms of the said arrangement with the direction that the trial Court shall finally dispose of the case by 30th of November, 1998. The parties are directed to appear before the concerned learned Rent Controller, Lahore on 3rd of September, 1998, for further proceedings in the light of above order.