Law: Civil Procedure Code (V of 1908)

Section: 115,47

Civil Procedure Code (V of 1908)--- ----Ss.115 47---Revision---Questions to be determined by the Court executing decree---Concurrent findings of fact---Scope assailed the concurrent dismissal of his objection petition filed under S.47 of the Code of Civil Procedure, in his application, had averred that although a declaration had been made by the Court but that was in respect of another property and the respondent/decree-holder was occupying the property other than that was decreed---Validity---Question of title was no longer disputed between the parties as the declaration sought by the respondent had been granted---Point raised by the petitioner had already been decided against him in the suit as well as in the first appeal, therefore, the present petition in the present form was not competent---High Court had very limited jurisdiction to disturb the concurrent finding of facts recorded by the courts below, unless it was proved that the same suffered from any jurisdictional defect/error or were based on misreading or non-reading of materials available on file, which elements were conspicuously lacking in the present petition---Revision petition was dismissed, in circumstances. JUDGMENT MALIK HAQ NAWAZ, CJ.---- The instant Revision Petition is directed by the Petitioner against the concurrent finding of facts recorded by the learned two Courts below vide their judgments and decrees dated 17-10-2019 and 25-9-2018 respectively, whereby the application of petitioners filed under section 47 read with section 151, C.P.C., was dismissed by both the lower Courts. 2. Pithily, the facts of the case are that the present respondent No.1 had instituted a civil suit before the learned Civil Judge Punial/Ishkoman against the present petitioner and present respondents Nos. 2 to 4 for declaration and permanent injunction to the effect that plaintiff is exclusive owner and in possession of suit land measuring 15 Kanal 11 Marlas situated at Baktali Khalti adjacent to Yasin river District Ghizar in the light of allotment order bearing No. DK-15/ 1298-99/ 1978 dated 20-02-1977 issued by the Resident Commissioner Gilgit. The trial Court after completion of proceedings in the said…

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