Law: Civil Procedure Code (V of 1908)

Section: 47

Law: Constitution of Pakistan, 1973

Section: 199

CIVIL PROCEDURE CODE (V OF 1908)--- ----S. 47---Constitution of Pakistan, Art. 199---Constitutional petition---Laches, doctrine of--- Applicability--- Execution application---Objection---Objection petition against execution application was dismissed---Validity---Petitioner, on one pretext or the other wanted to delay the execution of decree passed in favour of respondent---Petitioner was using delaying tactics to restrain the respondent from enjoying usufructs of the decree---Petitioner had filed constitutional petition after considerable lapse of time---High Court being court of equity, petitioner for equitable relief was supposed to put-forth some convincing material which would have justified the filing of petition after considerable delay---Only vigilant not the indolent could get relief from court of equity or law with regard to his right which had been violated or infringed---Doctrine of laches was applicable in the present case---Constitutional petition was dismissed in limine. THIS ORDER PASSED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.--- Late Muhammad Karim Durrani now represented by his legal heir Rooh-ul-Amin, petitioner herein, by imploring the constitutional jurisdiction of this Court has prayed for different reliefs briefly enumerated in the concluding prayer of his writ petition. 2. Brief facts of the case that initially the respondent/plaintiff instituted a suit for pre-emption cum possession against the petitioners/defendants Muhammad Karim deceased and 1 another with regard to suit property fully described in the head-note of the plaint. On appearance, the defendants hotly contested the claim of plaintiff/ respondent and on conclusion of the trial, the suit was dismissed by the learned Senior Civil Judge Malakand at Batkhela on 14.06.1978. Feeling aggrieved, the plaintiff/respondent preferred an appeal, which was also dismissed by the learned appellate Court on 15.07.1980. Thereafter, judgments of the fora below were assailed before this Court through C.R. No. 427 of 1980, which was allowed by this Court on 15.01.1985 and suit for pre-emption cum possession was decreed against the petitioners/defendants. Being dissatisfied, the…

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