Law: Constitution of Pakistan, 1973

Section: 184,187(2)

Law: Civil Procedure Code (V of 1908)

Section: 37,O.XXXIX,Rr.1,2,7,11,11(2)

Constitution of Pakistan, 1973-- ----Arts. 184 & 187(2)--Civil Procedure Code, 1908 (V of 1908) S. 37, O. XXXIX, Rr. 1, 2, 7 & 11--Suit for mandatory and permanent injunction--Demarcation of boundaries--Dismissed--Issuance of letter for removal of encroachment--Appeal--Partially allowed--Civil Revision--Dismissed--Civil Appeal before Supreme Court of Pakistan--Leave to appeal was granted--Respondents a filed suit for permanent injunction--Despite decision of appex Court--Application for rejection of suit--Allowed--Appeal--Dismissed--Jurisdiction--Question of--Whether this Court has power to implement/execute dated 28.3.16 of apex Court or learned Court, which seized of main suit is competent to do so--Maintainability--For execution of decree varied or modified by apex Court, learned Trial Court has jurisdiction to do so on original side being competent for purpose--Article 187(2) of Constitution of Islamic Republic of Pakistan, 1973 cannot be read in isolation rather it has to be seen in juxtaposition with Article 184 thereof--Petitioner by filing instant writ petition has misconceived situation, rather he will have remedy under Civil Procedure Code to approach Court of competent jurisdiction in prescribed mode and manner--Petition dismissed. Civil Procedure Code, 1908 (V of 1908)-- ----S. 37, O.XXI, R. 11(2)--Execution of degree--Mechanism--Under Section 37 of Code ibid, provides definition of expression "Court which passed a decree" and, by virtue thereof, proper Court to execute appellate decree, would only be learned Trial Court as, in view of Clause (a) of Section 37, ibid, Court of first instance has been included, where decree has been passed in exercise of appellate jurisdiction. THIS JUDGMENT DELIVERED BY: ROOH-UL-AMIN KHAN, JUSTICE- Dr. Shamim S. Majid, the petitioner, through the instant petition, filed under Article 187(2) of the Constitution of the Islamic Republic of Pakistan, 1973, has asked for the enforcement and giving full effect to the judgment / order dated 28.03.2016 of the Hon'ble Supreme Court of Pakistan, through a judicial officer, passed in Civil Appeal No. 236-P of 2014, titled Mrs. Shumaila Baqir vs. Dr. Shamim S. Majid…

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