Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Constitution of Pakistan, 1973, Art. 199--Civil Procedure Code, (V of 1908), S. 12(2)--Suit for declaration--Exparte decreed--Filing of petition against and decree--Accepted--Appeal--orders for vacation of property by Respondent No. 1 during pendency of appeal--Challenge to--Matter is pending adjudication before Additional District Judge, Vehari, therefore, impugned order dated 16.12.2020 passed by Respondent No. 1 is set aside--However, Additional District Judge, Vehari, seized with matter is directed to conclude same in accordance with law by providing an opportunity of hearing to all concerned within stipulated period of 90 days--Petition disposed of. ORDER By means of the instant petition, the petitioner has assailed the vires of order dated 16.12.2020 passed by Respondent No. 1 whereby the Deputy Commissioner Vehari was directed to get the state land Bearing Khasra No. 39/18 situated in Housing Scheme, Burewala, District Vehari, vacated from illegal occupation of encroachers within thirty days. The Director PHATA Multan Region and Deputy Director PHATA Sub-Region Multan/Secretary District Housing Committee Vchari were also directed to assist the Deputy Commissioner Vehari in all respects. 2. The report and parawise comments on behalf of Respondent No. 1, 3 and 4 have been furnished, which have been perused. 3. Admittedly, the petitioner has lodged a civil suit for declaration with regard to property in question against Province of the Punjab through DOR Vehari and TMA Burewala before the learned Civil Judge Vehari, which was decreed by the learned Civil…

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