Case Details

Citation(s)
2010 SLG 1103 2010 SLD 1103 2010 PLJ 266
Lahore High Court
W.P. No. 9885 of 2009, decided & hearing on 22.05.2009.
IQBAL HAMEED-UR-REHMAN, JUSTICE
Malik Amjad Pervaiz, Advocate for Petitioner.

ALLAH DITTA

VS

MUHAMMAD UMAR ETC.

Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 47--Representative of a party--Ejectment petition--After dismissal of writ petition respondent approached Supreme Court but ejectment order of Rent Controller was passed in appeal and in writ petition were upheld by Supreme Court--Execution petition was fileds filed the objection petition--Question which relates to execution, discharge and satisfaction of decree between the parties or their representatives can be taken up by executing Court and the person who is neither a party nor a representative of a party cannot file any objection. Ejectment Petition-- ----Constitutional jurisdiction--Determination the controversy keeping the factual aspect as well as legal aspect--Execution petition is being sought on the basis of ejectment petition cannot be interfered into by High Court in its Constitutional jurisdiction. THIS ORDER PASSED BY: IQBAL HAMEED-UR-REHMAN, JUSTICE---.--- Through this writ petition, the petitioner seeks setting aside of the impugned orders/judgments dated 4.5.2009 and 15.5.2009 passed by Respondents No. 8 & 9 respectively dismissing the objection petition of the petitioners. 2. Brief facts succinctly required for the determination of this writ petition are that Respondents No. 1 to 6 filed the ejectment petition against Respondent No. 7, real brother of the petitioner, with regard to Shop No. 627, Block No. 1, Rail Bazar, Jhang Sadar on the ground of default and the same was accepted by the learned Rent Controller, Jhang, vide judgment dated 25.9.2008. Respondent No. 7 preferred an appeal against the same which was dismissed vide order dated 15.1.2009. Later on, the same was challenged before this Court in W.P. No. 2771/09 but the same was not accepted. After the dismissal of the writ petition, Respondent No. 7 approached theHonourable Supreme Court but the ejectment order of the learned Rent Controller and the subsequent orders passed in appeal and in writ petition were upheld by the August Supreme Court of Pakistan. Therefore, Respondents No. 1 to 6 filed execution petition. In the meanwhile, the petitioners filed objection petition, alleging therein that Respondents No. 1 to 6 are owners ofโ€ฆ
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