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Pendency of a case does not stay execution of court order: SC
Sun, August 31, 2025
ISLAMABAD: The Supreme Court has ruled that the mere pendency of an appeal, revision or constitutional petition does not automatically stay the execution or implementation of a court order.
A three-member bench of the apex court, headed by Chief Justice Yahya Afridi and comprising Justice Shakeel Ahmed and Justice Ishtiaq Ibrahim, issued the judgement against an order dated 22.09.2015 passed by the Lahore High Court’s Bahawalpur Bench in writ petitions titled Chief Land Commissioner, Punjab/ Senior Member Board of Revenue, Punjab, Lahore, etc versus Administrator Auqaf Department, Bahawalpur, etc.
The court reiterated its recent clarification in Rashid Baig vs Muhammad Mansha (2024 SCMR 1385), stating: “The mere pendency of a petition before this court does not, by itself, operate as a stay of proceedings, which may only be lawfully restrained by an express injunctive order of the court.” This observation was part of a four-page judgement authored by Chief Justice Yahya Afridi.
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