Case Details

Citation(s)
2017 SLG 1296 2017 SLD 1296 2017 CLC 1417
Sindh High Court
Ex.No. 15 of 2009, C.M.As. Nos. 362,37, 320 and 265 of 2015, decided on 1st November, 2016. Heard on: 21st October, 2016.
NAZAR AKBAR, JUSTICE
Mehmood A.H. Baloch for Decree-holder. Wasif Riaz for Judgment debtor.

MST. SHAHIDA RANI THROUGH LEGAL HEIRS-DECREE HOLDER

VS

MUHAMMAD CHUTTAL KHANJUDGMENT DEBTOR

Law:

Section:

(a) Civil Procedure Code (V of 1908)---.--- ---.----S. 47 & O. XXII, R. 2---.---Execution petition---.---Objections---.---Death of decree holder---.---Legal representative---.---Scope---.---Contention of debtor was that applicant was not legal heir of decree holder---.---Validity---.---Neither Nazir of the Court was directed to give up possession obtained by him nor applicant was entitled to take over possession of suit property---.---Nazir should immediately recover/take possession of suit property from the applicant and seal the same pending the actual legal heirs and claimants come forward to claim benefit of decree---.---Applicant would not be entitled to the possession of suit property since her share subject to clearance of her status should be limited according to Islamic Law in the benefits of the decree---.---Objections were disposed of accordingly. (b) Civil Procedure Code (V of 1908)---.--- ---.----S. 151---.---Inherent powers---.---Scope---.---Court was bound to decide all the issues raised by a party---.---Inherent powers of Civil Court were unlimited to pass order to meet the 'ends of justice or prevent abuse of process of Court'. (c) Counsel and client---.--- ---.----Failure to discharge duty by counsel---.---Effect---.---Counsel failed to appear in the Court to protect the interest of his client---.---Chairman Bar Council was directed to initiate inquiry and action against the counsel for his failure to discharge his duty as an advocate. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:---.---.---.--- By this order I intend to dispose of CMA No.320/2015. The applicant Mst. Sidra Ejaz after taking over possession of Apartment No.A-3/F Central Point building Phase-I DHA Karachi, (the suit flat) through the Nazir of this Court as reported by Nazir in his report dated 10.10.2015 has now filed this complexed application (CMA No.320/2015). The J.D has filed objection to the Nazir report and handing over possession of the suit flat to the applicant. The applicant through the instant complexed application has prayed for various relief(s) which can be deciphered as follows:- i. Payment of mense profit amount to Rs.36,40,000/- to her. ii. Damages of…
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