| Citation(s) |
|---|
| 2016 SLG 1400 2016 SLD 1400 2016 LHC 592 |
Lahore High Court
F.A.O.No. 159 of 2010, 19.02.2016
IBAD-UR-REHMAN LODHI, J
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F.A.O.No. 159 of 2010, 19.02.2016
IBAD-UR-REHMAN LODHI, J
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Mst. Ghania Hassan
VS
Shahid Hussain Shahid & Another
Law:
Section:
IBAD-UR-REHMAN LODHI J.:- With the concurrence of learned counsel for the parties, the hearing of this appeal is being treated as pacca hearing. 2. In fact, whole controversy revolves around a decree granted by the learned Additional District Judge, Multan, on 26.02.2010, passed in Civil Suit No.59/I of 2009, filed under Order XXXVII CPC, on the basis of four cheques for the recovery of Rs.1,48,50,000/-. The judgment-debtor was Mohammad Hassan Ahmad Qureshi, whose property was attached in execution of such decree and in order to frustrate such execution process, the present appellant-Mst. Ghania Hassan, filed her objection petition in the execution with the contention that, she entered into marriage with judgment-debtor Mohammad Hassan Ahmad Qureshi on 20.12.2003 against a consideration of Rs.20,000/- on demand as dower in view of the entries against Column No.13 of Nikahnama, whereas, 15-tolas of gold ornaments were given to the objector in view of Columns No.14 and 15 of Nikahnama and additionally, three biggas of agricultural land in village Baqir Shah, and an upper portion of a constructed house in Mohallah Qureshiyan, Ward No.17, were also noted in Column No.16 of Nikahnama, meant for mentioning some property or any part thereof, settled in between the parties as against the dower. 3. In addition to such claim of dower, the appellant had further claimed her right over a property measuring 282-kanals, 5-marlas, shown to have been agreed by said Mohammad Hassan Ahmad Qureshi, to be given to her as additional dower by means of an agreement, stated to have been arrived at in between the parties on 12.06.2007. 4. The objection petition was contested by the decree-holder, present respondent No.1, and the learned executing court vide order dated 29.06.2010, proceeded to dismiss the objection petition. 5. Such dismissal was called in question by the appellant in an appeal impleading only Shahid Hussain Shahid, the decree-holder as a respondent, which appeal was pending before a learned Additional District Judge at Alipur, when it was dismissed for non-prosecution on 17.09.2010. Restoration petition of such dismissed appeal was also declined by the learned…
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