NAIB KHAN vs SULTAN WALI S — 2023 YLR 22 Gilgit-Baltistan Chief Court

Case information

Citation: 2023 YLR 22 Gilgit-Baltistan Chief Court
Year: 2023
Reporter: YLR
Parties: NAIB KHAN vs SULTAN WALI S
Subject matter: Criminal
Provisions referred to: S. 10---L; S. 18---S; S. 42---S; S. 10; Land Acquisition Act (I of 1894); Specific Relief Act (I of 1877)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NAIB KHAN VS SULTAN WALI S. 10---Land Acquisition Act (I of 1894), S. 18---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Reference to Court---Stay of suit---Scope---Petitioner filed a suit for declaration against the respondent claiming ownership of the suit land; claimed that the suit land was acquired for construction of a road; that award was prepared in the name of respondent; that the compensation was paid to the respondent and that the respondent be directed by the Court to deposit the amount of award in the Court---Respondent filed an application under S.10, C.P.C. before the Trial Court with the contention that a case regarding the quantum of compensation under the award was sub judice before the Supreme Appellate Court---Trial Court stayed the suit and appeal against such order was dismissed---Validity---Object of providing S.10, C.P.C. was to avoid divergent judgments and opinions of different Courts regarding similar matter---Trial Court, First Appellate Court and Chief Court had also given their findings regarding the disputed land and now the matter was sub judice before the Supreme Appellate Court---No irregularity and illegality was found in the orders passed by courts below---Writ petition was dismissed. Head NotesCase Description

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