ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on CMA No. 497/2010

2. For Katcha Peshi.

20.5.2010

Mr. Nazar Hussain Dhoon, advocate for the applicant.

Mr. Mir Nawaz Khan Marwat, advocate for the respondent.

Learned counsel for the appellant submits that the order impugned through present reference was a split order and in fact no appeal lies against the such order, however, on account of some confusion the instant reference was submitted in respect thereof, however, since now after referral of the matter to a Referee Judge, the matter has subsequently been decided by the Tribunal and therefore the applicant is now required to file an appeal against such order and requests that the applicant may be allowed to withdraw the present reference to enable the applicant to file a fresh reference in respect of subsequent order.

We would, therefore, dismiss the present reference as withdrawn. The applicant may however, if permissible under the law, file a fresh reference, maintainability whereof shall be decided on its own merits.

J U D G E

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