Case Details

Citation(s)
2016 SLG 1952 2016 SLD 1952 2016 IHC
Islamabad High Court
W.P.No. 783 of 2016, 07.03.2016
MIANGUL HASSAN AURANGZEB, J

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Muhammad Zulfiqar & Another

VS

Additional District Judge (West), Islamabad & Others

Law:

Section:

Keywords: Result: Petition dismissed Through the instant writ petition, the petitioners have impugned the Order dated 17.09.2015, passed by the learned Civil Judge, Islamabad, whereby he turned down the objections of respondent No.4/defendant No.3 (Muhammad Zahid) to the report/assessment of the local commission, whereby the reserved price for House No.1218, Street No.83, Sector G-9/4, Islamabad, measuring five Marlas was fixed at Rs.95,00,000/- and that of House No.73, Street No.04 Defence Colony Dr. Qadir Road near Khanna Pul, Rawalpindi, measuring 7 Marlas was fixed at Rs.65,00,000/-. These two houses shall hereinafter be referred to as "the Suit Properties". The learned Civil Court vide the said order also appointed a Court Auctioneer and directed him to conduct the auction of the Suit Properties in accordance with the schedule given in the said order. 2. The record reveals that Ch. Noor Muhammad died on 07.09.2003. His wife had pre-deceased him. He was survived by three sons, (namely, Muhammad Zulfiqar, Muhammad Shoaib and Muhammad Zahid) and two daughters, (namely, Mst. Zahida Nadeem and Mst. Shazia Jameel). Ch. Noor Muhammad owned the Suit Properties and after his demise his children owned them jointly. The Suit Properties are said to be in occupation of Ch. Noor Muhammad's sons. As Ch. Noor Muhammad's daughters wanted their respective shares in the Suit Properties, they, on 06.05.2004 instituted a suit for declaration, possession through partition, distribution of assets of Ch. Noor Muhammad, and permanent injunction, before the Court of learned Civil Judge, Islamabad. On 09.01.2012, the learned Civil Court passed an ex-parte preliminary decree in favour of respondents No.2 3/plaintiffs and appointed Mr. Jamal Khan, Advocate, as a local commission, and directed him to visit the Suit Properties and submit his report on the following points:- 1. "Whether the suit property is partionable if so, what is the mode of partition and shares of legal heirs. 2. If the suit property is not partitionable then its current market value." 3. Due to the objections raised by respondent No.4 (Muhammad Zahid) another local commission, namely, Mr. Manzoor Ahmad Jajja, was…
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