| Citation(s) |
|---|
| 2015 SLG 2103 2015 SLD 2103 2015 YLR 1443 |
Lahore High Court
Civil Revision No. 750 of 2013, decided on 5th December, 2013
MAHMOOD AHMAD BHATTI, J
Abdul Jabbar Khan Joyia for Petitioner. Mumtaz Ahmad Gillani for
Respondent
Civil Revision No. 750 of 2013, decided on 5th December, 2013
MAHMOOD AHMAD BHATTI, J
Abdul Jabbar Khan Joyia for Petitioner. Mumtaz Ahmad Gillani for
Respondent
Mst. KANEEZ KANWAL alias KANEEZ ZAFAR
VS
Mst. SHEHNAZ BIBI
Law:
Section:
Civil Procedure Code (V of 1908)--- ----Ss. 47 & 12(2)---Execution petition---Objection petition was dismissed by the Executing Court on the ground that all the questions and issues had already been settled by the competent court of law---Contention of applicant was that Executing Court was bound to frame issues and record evidence---Validity---Trial Court had already dealt with each and every aspect of the case of the applicant---Property owned by the applicant was different from that of the decree-holder---Application of applicant under S. 12(2), C.P.C. had already been dismissed and second round of litigation should not have been allowed to be started afresh---No justification was on record to entertain such objection petition---No need existed to renew the exercise of framing of issues and recording of evidence which had already been done in the application moved under S.12(2), C.P.C.---Revision was dismissed in circumstances. Ghulam Qadir through Legal Heirs v. Haji Munir Ahmad and others 1989 MLD 2503; Rai Muhammad Riaz v. Ejaz Ahmad and others 2013 YLR 1890 and Muhammad Shakir v. Dr. Amanullah and another 2013 YLR 2159 ref. ORDER MAHMOOD AHMAD BHATTI, J.---Through this petition, Mst. Kaneez Kanwal has called into question the validity of the orders/judgments dated 16-7-2013 and 22-10-2013 passed by learned Senior Civil Judge, Layyah and an Additional District Judge, Layyah, respectively. 2. The revision petition arises out of an objection petition filed by the petitioner, maintaining that she is owner in possession of land/property, in respect of which a decree was passed in favour of Mst. Shahnaz Bibi in the suit titled "Mst. Shahnaz Bibi v. Niaz Ahmad" vide judgment and decree dated 11-6-2010. It was further averred by her that she purchased the property in question through two registered sale deeds Nos.2053 dated 24-11-1996 and 3625 dated 15-12-2007, followed by Mutations Nos.645 attested on 20-1-2006 and 766 dated 30-6-2008. By virtue of the purchase made by her, the objection petitioner became owner of land measuring 6 marlas. 3. It is pertinent to mention that earlier, the objection petitioner/the petitioner herein, had thrown challenge to the…
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