Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Execution of decree--Other property as dower instead of property which decree was passed--Amendment in decree--Property decreed as dower was not available for transfer--Alternate for satisfaction of decree--Maintainability--Challenge to--Where property decreed as dower was not available for transfer, Court was justified to fix its value of price to be paid in alternate for satisfaction of decree--Besides, appellate Court has observed that question of value of price of gold ornaments may be raised before Court of first instance, therefore, this Court need not comment on said aspect of matter--Consequently, there is no ground to interfere in impugned orders and this constitutional petition is not maintainable--Petition was dismissed. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, JUSTICE---.--- Through instant constitutional petition, the petitioner challenges the orders dated 19.07.2018 and 10.10.2018 passed by executing Court and the appellate Court, whereby both the Courts below in proceedings for execution of decree refused the prayer of the petitioner to allow him to give some other property as dower instead of the property for which decree was passed and directed him to pay price of the decreed property in the alternate. 2. It has been argued that both properties have…

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