KARIM BAKHSH and others vs ADDITIONAL DISTRICT JUDGE, MULTAN and others
This matter arises from a review petition filed before the Supreme Court of Pakistan seeking a review of an earlier order dated 27.3.2000, wherein the petitioners were granted two months to vacate the disputed premises. During the hearing, the petitioners sought permission to withdraw the review petition, expressing apprehension that the vacation order might prejudice their pending litigation concerning the title of the property. The core legal question pertained to whether an order directing the vacation of premises could adversely affect or prejudice a separate, pending civil suit regarding property title. The Court held that the vacation order would not prejudice any party in the suit where the title controversy is pending adjudication. The key principle laid down is that interim or ancillary orders passed regarding the vacation of premises do not impact or prejudice the substantive determination of property title in pending independent proceedings.
- Does an order directing the vacation of premises prejudice a pending suit regarding the title of the property?
- Can a party be permitted to withdraw a review petition upon seeking clarification regarding pending title litigation?
ORDER
1. SH. RIAZ AHMED, J.-- It has been pointed out by the learned counsel that a litigation in respect of title of the property between the parties is pending adjudication. At the time of hearing of the main petition a prayer was made by the learned counsel for the petitioners that some time to vacate the premises be granted and this Court through the order dated 27.3.2000 allowed the petitioner two months' time for vacation of the premises. The said order has been complied with. The present petition has been filed for review of the said order. However, an application has now been moved seeking permission to withdraw the review petition. Mr. Sardar Shah Bokhari, learned counsel for the petitioners, stated that the order 27.3.2000 passed by this Court is likely to prejudice the matter relating to title of the property. We would clarify that this Court's above order passed for vacation of the premises would not prejudice any party of the suit in which the controversy with regard to title of the property is pending adjudication. With these observations the permission to withdraw the review petition is granted and the same is dismissed as having been withdrawn.