Case Details

Citation(s)
2017 SLG 2492 2017 SLD 2492 2017 YLR 2078
Islamabad High Court
C.R. No. 252 of 2016, decision Dated: 8-3-2017. Hearing Date : 11-1-2017.
MIANGUL HASSAN AURANGZEB, JUSTICE
Abdul Haq Malik for Petitioner. Manzoor Hussain for
Respondent.

MUHAMMAD SAEEDULLAH

VS

JAMIA MASJID MADNI

Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S.47---Execution petition---Objection---Scope---Judgment-debtor moved objection petition which was dismissed and warrant of possession was issued---Validity---Relief of possession through ejectment had been prayed for in the suit instituted by the decree-holder---Suit was decreed and decree-holder was held entitled to a declaration to the effect that -debtor had no right to retain the suit property---Judgment-debtor had no right to occupy the property in question---No infirmity or error had been pointed out in the orders passed by the Courts below---Revision was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----Ss. 47 & 104---Execution petition---Objection--- Appeal--- Maintainability---Executing Court passed orders with regard to a question relating to execution of decree by rejecting objections---Such order possessed all the essential elements of finality---Order passed under S.47, C.P.C. was appealable. Muhammad Ismail v. Muhammad Younis 2003 CLC 1252 and Lala Zar Textile Mills v. Muhammad Yasar 2014 MLD 820 rel. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB JUSTICE:---.- -- Through the instant civil revision, the petitioner, Muhammad Saeedullah, impugns the order dated 18.05.2016, passed by the Court of learned Additional District Judge, Islamabad, whereby the petitioner's appeal against the orders dated 29.04.2016 and 13.05.2016, passed by the learned Executing Court, was dismissed in limine. Vide the orders dated 29.04.2016, and 13.05.2016, the learned Executing Court dismissed the petitioner's objections to the execution petition and the issuance of warrants of possession regarding the office and residence of Imam of Jamia Masjid Madni situated in Sector F-8/2, Islamabad. 2. The record shows that on 16.02.2013, the respondent (Jamia Masjid Madni, through the Chairman of the Masjid Committee) instituted a suit for declaration, recovery of possession, mesne profits/rent, cancellation of registration of trust and cancellation of registration of Madrassah, and perpetual injunction, before the Court of the learned Civil Judge, Islamabad, against the petitioner and seven others. It…
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