Law:

Section:

(a) Partition Act (IV of 1893) --------- ----------S.4 --------- Civil Procedure Code (V of 1908), S. 47 --------- Suit for partition --------- Execution petition --------- Objections --------- During pendency of suit both the parties settled their dispute and agreed to the partition of suit property and suit was decreed --------- Contention of debtor was that decree was not final and same could not be executed --------- Validity --------- Rights of the parties in the suit property had already been settled --------- No controversy remained to be adjudicated upon --------- When parties had agreed to partition the property and their respective shares had already been settled, then decree from such settlement would be final --------- Decree holder had refused to sell out his share and he could not be deprived of his share in the suit property --------- Execution petition was allowed in circumstances --------- Official Assignee was appointed to supervise partition of property in terms of proposal of Architect and he was directed to make assure that possession of share to the decree holder was handed over accordingly. PLD 1989 Kar. 336; PLD 2013 Kar. 583; 1987 SCMR 1591; AIR 1935 Privy Council 12; AIR 1952 T.C. 428; PLD 1989 SC 136; AIR 1963 SC 992; PLD 1963 Kar. 990; PLD 2006 Kar. 126 and 1990 MLD 1189 ref. (b) Words and phrases --------- ---------'Metes and bound' --------- Meaning. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---------- Decree-holder namely Abdul Aziz has filed this execution application against his brother namely Haroon, the judgment-debtor. As per facts, he instituted a Civil Suit No. 384/97 for partition, possession, permanent injunction and declaration on the property bearing survey No. S.R.3/15 situated on Frere Road Karachi, which is jointly owned by them. During pendency of the suit both the brothers settled their dispute and agreed to the partition of the property by metes and bounds, and in terms thereof the suit was decided vide order dated 26.12.2012 and decree dated 29.01.013. In this regard Nazir was appointed to inspect the property to determine possibility of its partition in the terms as agreed by the brothers. However,…

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