Law:

Section:

Transfer of Property Act (IV of 1882)---S. 60---Civil Procedure Code (V of 1908), S. 148---Suit for redemption of mortgage---Mortgage deed---Enlargement of time---Powers of court---Scope---Suit was decreed in favour of plaintiff subject to deposit of decretal amount within three months---Plaintiff did not file appeal however, defendants filed appeal---Plaintiff failed to deposit decretal amount within the period fixed by the Trial Court and his application for permission to deposit the same was rejected and suit stood dismissed---Appeal of the defendants was disposed of by dismissing the suit---Validity---Conditional decree was passed in favour of plaintiff which had a penal provision---Decree of Trial Court had attained finality---Trial Court was functus officio when appeal was disposed of---Application for extension of time was moved after three months---Amount deposited could not benefit the plaintiff as same was subject to objections from other side---Discretion exercised by the Trial Court had been exercised properly and no illegality or irregularity or perversity was found in the impugned order---Impugned order of the Appellate Court did not need further resolution as suit had not been decreed---Both revision and appeal were dismissed. Muhammad Siddique Khan v. Sardar Muhammad Akbar Khan and others 2013 MLD 514 rel. ORDER SARDAR ABDUL HAMEED KHAN, J.---By virtue of above revision petition and appeal, though 2 separate order/ judgment/ decree, one of Civil Judge Dhirkot and second of Additional District Judge Dhirkot both dated 31-3-2009 have been assailed but both the orders pertain to the same property and the proposition of law involved in both the cases is the same. Thus, I proposed to dispose of both the above titled cases by this single order. The precise facts giving rise to the instant revision petition and appeal are, that the appellant instituted a suit bearing No. 129 on 8-12-1985 in the Court of Civil Judge Dhirkot titled Raja Muhammad Ashraf v. Abdur Rasheed and Khan Mir Khan for cancellation of a Mortgage Deed (Redemption of mortgage) and Mutation No. 1128 pertaining to land Field No. old 710 measuring 14 Kanals 13 Marlas, 1093 measuring 10…

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