| Citation(s) |
|---|
| 2013 SLG 2453 2013 SLD 2453 2013 YLR 727 |
Sindh High Court
Revision Application No. 78 and C.M.A No. 235 of 2009, decided on 27th September, 2012
MUHAMMAD SHAFI SIDDIQUI, J
Qamar Mahmood Baig for Applicant. Saeed-ud-Din Siddiqui for
Respondents Nos. 1 to 3
Revision Application No. 78 and C.M.A No. 235 of 2009, decided on 27th September, 2012
MUHAMMAD SHAFI SIDDIQUI, J
Qamar Mahmood Baig for Applicant. Saeed-ud-Din Siddiqui for
Respondents Nos. 1 to 3
ABDUL WAHAB
VS
MUHAMMAD RAMZAN and 6 others
Law:
Section:
Civil Procedure Code (V of 1908)--- ----Ss.47 & O.XXI, R. 58---Specific Relief Act (I of 1877), Ss.42 & 39---Execution of decree---Investigation of claims/ objections---Suit for declaration and cancellation of sale-deed and other documents was decreed whereafter during execution proceedings, a writ for possession was issued in favour of plaintiff---Application of defendant under O.XXI, Rule 58, C.P.C. for investigation of his right in land that was subject-matter of the decree, was dismissed---Contention of the defendant/applicant was that he was absolute owner of said land vide sale-deed in his favour---Validity---Defendant/ applicant had admitted that purported sale-deed was cancelled and the entries before revenue record also stood cancelled---Right, if any, of the defendant/applicant stood settled in terms of decision of Appellate Court---Successors of the vendee of the alleged sale-deed had also not challenged the cancellation of the sale-deed or entries of revenue record---Trial Court and Appellate Court could not reverse their findings on the ground that entries in the revenue record and the sale-deed were wrongly cancelled as the scope of the suit was not open for grant of such relief---No illegality in the orders of courts below---Revision was dismissed. ORDER MUHAMMAD SHAFI SIDDIQUI, J.--I have heard both learned counsel at length. This is a revision application, arising out of the judgment dated 16-3-2009, passed by learned Vth Additional District Judge, Hyderabad, whereby Appeal No.114 of 2008, filed by the applicant, was dismissed. Originally applicant filed an application under section 47, Order XXI, Rule 58 and 102, C.P.C. read with section 151, C.P.C. in execution Applica-tion No.1 of 2003, which execution was filed pursuant to a decree passed in Civil Suit No. 53 of 1984 before the trial Court. The applicant prayed therein that he is in occupation of Plot No.93-A in C.S. No.4512, Ward "G" Hyderabad. The learned Vllth Civil/Family Judge, Hyderabad was pleased to dismiss the said application on the ground that the Civil Appeal No.212 of 2001 with regard to final judgment and decree in Suit No.53 of 1984 reached its finality and thus the…
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