Case Details

Citation(s)
2020 SLG 1363 2020 SLD 1363 2020 YLR 979
Sindh High Court
C.P. No. D-217 of 2013, decision Dated: 10-10-2019, hearing Dates: 3rd September and 1st October, 2019.
MUHAMMAD IQBAL KALHORO AND ZULFIQAR ALI SANGI, JJ
Arbab Ali Hakro for Petitioner. None present for
Respondents Nos.1 to 14. Allah Bachayo Soomro, Addl. A.G. for the
Respondents.

MUHAMMAD USMAN

VS

AMANULLAH AND 15 OTHERS

Law: Civil Protection and Welfare Bureau (Appointment and Conditions of Service) Rules, 2010

Section: 48

Law: Limitation Act, 1908

Section: 181

Civil Procedure Code (V of 1908)--- ----S. 48---Limitation Act (IX of 1908), Art. 181---Execution petition---Limitation---Execution petition was dismissed being time barred---Validity---First application for execution of a decree would be governed by Art. 181 of Limitation Act, 1908 and rest of the applications made thereafter would be governed by six years period of limitation as provided by S.48, C.P.C. had filed first execution petition after the period of five years, which was time barred---No illegality or irregularity had been committed by the Courts below while passing the impugned orders---Revision was dismissed, in circumstances. Islam Din and 11 others v. Muhammad Shafi and another 2000 YLR 2684; Raza Muhammad Khan and others v. Jalal-ud-Din Khan and others 1988 CLC 30; Mehboob Khan v. Hassan Khan Durrani PLD 1990 SC 778; National Bank of Pakistan v. Mian Aziz-ud-Din and 7 others 1996 SCMR 759 and House Building Finance Corporation of Pakistan v. Rana Muhammad Iqbal through L.Rs 2007 SCMR 1929 rel. ORDER ZULFIQAR ALI SANGI, JUSTICE:---.--- This petition was filed against an order dated 27.4.2012 in Execution Application No. 03 of 2011 passed by Senior Civil Judge, Badin whereby Execution Application was dismissed and an order dated 5.12.2012 in R.A. No. 25 of 2012 wherein Revision Application was dismissed by the learned District Judge, Badin. 2. The facts of the case are that a second class Suit No. 06 of 2000 was filed under section 9 of Specific Relief Act in the court of Senior Civil Judge, Badin in respect of residential plot admeasuring 6500 sq. fts and shops admeasuring 440 sq.fts total 6940 sq.fts situated in Badin against the respondents Nos. 1 to 5. 3. The Senior Civil Judge, Badin decreed the suit by judgment and decree dated 22.2.2011, Same was assailed in R.A. No. 05 of 2001 and was decided by 1st Additional District Judge, Badin who allowed the Civil Revision Application vide judgment dated 28.2.2004 whereby the judgment and decree passed by the Senior Civil Judge, Badin was set-aside. The petitioner challenged the judgment and decree of revisional court before this court by filing C.P. No. D-120 of 2004 and this court allowed the…
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