Mst. Aziz Begum vs Mirza Mushtaq
This matter originated from an application submitted by a widow to the Chief Justice of Pakistan regarding a long-standing property dispute over 452 square yards of land. The core legal question concerned whether the petitioner could continue to challenge a final, adjudicated matter involving the same parties and subject matter that had already exhausted all available legal remedies. The dispute had previously been adjudicated by a Civil Judge, upheld by the District Judge, dismissed by the High Court in civil revision, and subsequently dismissed by the Supreme Court of Pakistan in both a civil petition and a subsequent civil review petition. The Supreme Court held that the application was entirely unnecessary and redundant, as the matter had reached finality through multiple layers of judicial scrutiny. The court dismissed the application, reinforcing the principle of finality of litigation and the doctrine of res judicata, noting that once a matter has been conclusively decided by the highest court and a review petition has been dismissed, the litigation must come to an end to prevent the abuse of the judicial process.
- Can a party continue to litigate a property dispute after a civil review petition has been dismissed by the Supreme Court?
- Does an application addressed to the Chief Justice of Pakistan constitute a valid mechanism to reopen a case that has exhausted all appellate and review remedies?
ORDER
KHALiL-UR-REHMAN RAM DAY, J.--- An' application addressed by a widow, to the Hon'ble Chief Justice of Pakistan was directed by his lordship to be heard on the judicial side. This is how this matter is before us.
2. The petitioner who is present in person has been heard. The respondent against whom this application was submitted is also present in person and he has also been heard.
3. From the record, it appears that a dispute relating to 452 square yards of land existed between one Mirza Mushtaq Ahmed and his wife Mst. Jamila on one side and the late husband of the present petitioner namely Allah Wasaya on the other side. A suit filed by the said Mirza Mushtaq Ahmed and his wife was decreed in their favour and against Allah Wasaya through a judgment dated 20.6.1996' passed by a learned Civil Judge at Multan. The appeal filed by the present petitioner was dismissed by the learned District Judge of Multan through a judgment dated 14.4.1999. Civil Revision No. 209 of 1999 filed by the present petitioner party against the above-mentioned judgments of the learned Trial and the Appellate Courts was also dismissed by the High Court through a Judgment dated 16.12.1999. The present petitioner and the other heir of the said Allah Wasaya questioned the said three judgments before this Court through C.P. No. 62-L of 2000 which was dismissed by this Court through a judgment dated 29.3.2002. The petitioner and her other co-heirs did not still feel satisfied and filed a civil review petition bearing No. 59 of 2002 which was also dismissed by this Court.
4. In this view of the matter, this application is un- necessary and redundant and the same is hereby dismissed.