Khalil and Zamil vs Masoom Ali

Prafulla C. Pant, J.—Delay Condonation Application No. 6403 of 2013 for condonation of delay in filing the review application is allowed, and delay is condoned. Heard.

This is Review Application MCC No. 348 of 2013 moved on behalf of the appellants (defendants) seeking recall of order dated 02.04.2013, passed by this court in SA No. 41 of 2013 whereby this court has dismissed the appeal at the admission stage.

Learned counsel for the appellants drew attention of this court to the statement of PW2 Shamshad and pleaded that one of the plaintiff had admitted possession of the defendants over land in suit.

On the other hand, learned counsel for the plaintiffs/respondents submitted that there is concurrent finding of fact recorded by the trial court and by the lower appellate court after appreciating the evidence on record holding that the plaintiffs (present respondents) are the owner in possession of the property in suit. It is further contended that merely by reading a part of the statement of one of the plaintiffs witnesses in piece meal it does not make out a case in review or recall of the order passed by this court dismissing the second appeal at the admission stage.

Having considered submissions of learned counsel for the parties, this court does not find any sufficient ground to hold that there is error apparent on the face of the record in order dated 02.04.2013 for the purposes of review/recall of the order. Therefore, the Review Application MCC No. 348 of 2013 is dismissed. (Delay Condonation Application No. 6403 of 2013 also stands disposed of).