Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 47---Execution petition---Limitation---Operation of stayed by the Supreme Court---Effect---Decree holders' first execution petition was pending before the Executing Court and same was adjourned till further orders by the Supreme Court---Second execution petition was moved after dismissal of appeal and review by the Supreme Court which was not time barred---Nothing was on record that ad-interim order of Supreme Court was modified or recalled prior to final order---No illegality or irregularity had been pointed out in the impugned order passed by the Executing Court---Appeal was dismissed in circumstances. Mehboob Khan v. Hassan Khan Durrani PLD 1990 SC 778; House Building Finance Corporation of Pakistan v. Rana Muhammad Iqbal through L.Rs, 2007 SCMR 1929 and Moulvi Abdul Qayyum v. Syed Ali Asghar Shah and 5 others 1992 SCMR 241 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD EJAZ SWATI, JUSTICE:---.--- The suit filed by the respondents (plaintiffs) for compensation in lieu of their land utilized by the appellant (defendant) for construction of rain water drain at Hub was decreed by Civil Judge, Hub vide judgment/decree dated 26th February 2001, whereby price of the land in dispute was determined as Rs.25876.32/- per acre. This Court in Regular First Appeal No. 14 of 2001 vide judgment dated 30th October, 2008 decided the rate of compensation as under: "For the foregoing reasons, instant appeal is partly allowed and after reversing findings of learned Civil Judge on the point of rate we declare appellants to be entitled to compensation at the rate of Rs.2,63,054/- per Acre and defendants are directed to pay such compensation." 2. The Civil Appeal No. 161 of 2009 filed by the appellant against the aforesaid judgment of this Court was dismissed by the Hon'ble Supreme Court of Pakistan vide order dated 10th November, 2015 with the following observations: "This appeal is barred by 35 days. No plausible reason has been offered in the application for Condonation of delay. The application for Condonation of delay is dismissed and as a consequence this appeal is also dismissed being barred by limitation." 3. The appellant filed a…

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