Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss.2(2), 47 & 104(1)(ff)---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Scope---Execution proceed-ings---Objection petition, filing of---Constitutional petition challenging order of Executing Court dismissing objection petition---Maintainability--Order passed under S.47, C.P.C. would be considered as decree and appealable, but could not be challenged in constitutional petition had not availed remedy of appeal or revision available against impugned order---High Court dismissed constitutional petition for being not maintainable. Messrs Saadullah Khan and Brothers and another v. The Province of West Pakistan and another PLD 1971 Quetta 101; Muhammad Ismail v. Raja Muhammad Younis 2003 CLC 1252; Muhammad Afzal and 4 others v. Bashir Ahmed and 4 others 2007 YLR 2821; Muhammad Akbar and others v. Riaz Hussain and others 1995 MLD 1943 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional petition in presence of alternate remedy under law---Maintainability---Such petition would not be maintainable. THIS JUDGMENT DELIVERED BY: IBAD-UR-REHMAN LODHI, JUSTICE:---.--- The suit for recovery, filed by respondent No. 2, was decreed by a learned Civil Judge, Sahiwal, to the extent of recovery of Rs.64,48,279 (rupees sixty four lac, forty eight thousand, two hundred and seventy nine only) along with 5% annual mark-up till payment of the suit amount with costs. 2. The petitioners herein being dissatisfied with the said decree challenged the same before this Court by means of R.F.A. No. 24 of 2010, which came up for hearing before a learned Division Bench of this Court on 21-6-2011, when the appeal was dismissed and the decree, as was passed by the learned trial Judge, was upheld. 3. Still feeling disgruntled, the petitioners filed Civil Petition for leave to appeal having No. 1228-L of 2011, which came up for hearing before the Hon'ble Supreme Court of Pakistan on 20-3-2013, when the same was disposed of in the following manner:-- "The learned counsel for the respondent has produced before us an interim order passed by the learned executing court manifesting that the petitioners have…

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