Staff Report
ISLAMABAD: The Supreme Court of Pakistan has dismissed a civil petition in a long-standing land dispute, refusing to grant leave to appeal against the impugned judgment.
According to a written detailed verdict issued by the Supreme Court, a two-member bench comprising Justice Shahid Bilal Hassan and Justice Shakil Ahmad announced the decision after hearing Civil Petition No. 3939 of 2025 filed by Masrat Safia Khanum and others. The petition had challenged the Islamabad High Court’s judgment dated June 3, 2025.
The court noted that the petitioners’ predecessor, the late Mehboob Sultan, had filed a suit in 1991 seeking cancellation of a basic mutation No. 1670/1940. The suit had been dismissed at all stages, including the trial court, appellate court, and review proceedings.
Subsequently, two more suits of a similar nature were also declared non-maintainable on different grounds. The Supreme Court observed that the petitioners had repeatedly filed litigation on the same cause of action, which is prohibited under civil law. Referring to the Doctrine of Election and relevant provisions of the Code of Civil Procedure, the court held that once a party chooses one forum, it cannot simultaneously or subsequently approach a parallel forum. The verdict further stated that all three subordinate courts had unanimously held the petitioners to be legally disqualified, and the petitioners’ counsel failed to raise any substantial legal point warranting interference by the Supreme Court.
Consequently, the court ruled that leave to appeal could not be granted.
The Supreme Court dismissed the civil petition, holding that the case did not involve any legal defect or constitutional question, and therefore declined to grant leave to appeal.
