Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code (V of 1908)--- ----S.115---Revision petition---Concurrent findings---Scope---Revision application filed against concurrent findings of courts below and that too against execution application has extremely narrow scope. Muhammad Lehrasab Khan v. Mst. Aqeel-un-Nisa and 5 others 2001 SCMR 338; Waqar Zafar Bakhtawari and 6 others v. Haji Mazhar Hussain Shah and others PLD 2018 SC 81; Mst. Samina Zaheer Abbas v. Hassan S. Akhtar and 3 others 2014 YLR 2331 and Pakistan State Oil Company (Pvt.) Ltd. v. Zulekha Khanum and 6 others 2016 CLC 1850 ref. ORDER ZULFIQAR AHMAD KHAN, J.--- This revision application has been filed against the concurrent findings of the Executing Court and the Appellate Court having very narrow scope. Learned counsel for the applicants states that the Appellate Court through its judgment in Civil Appeal No.91 of 1994 filed by Mst. Zainab and Mst. Sahar (two sisters claiming their right of inheritance in the property of their deceased father namely Haji Muhammad Umar) was pleased to allow the appeal upholding the entitlement of 12 paisas share of each of the two appellants in the property shown in Schedule A and at Serial Nos.2, 3, 4, 5, 7 and 13 of Schedule B, and at the same time, held that the Gift with regards the properties mentioned in Schedule A and the mutation of those lands in favor of defendant No.5 on the basis of such a Gift Deed was illegal and void. Learned counsel states that whilst the plaintiffs/applicants counsel chose not to press issue No.7 as to partitioning, the decree holder chose to file an execution application seeking execution of the decree in all manners including partitioning, physical possession, cancellation of gift deed etc. Per learned counsel, the said execution application was allowed by the Executing Court through its order dated 25.09.2010 as prayed which discrepancy between the judgment/ decree and the execution application was challenged through the appeal No.268/2010 by the present applicants. I see that the appellate Court through a detailed and speaking order chose to dismiss the appeal observing that no irregularity or illegality has been committed by the Executing Courts, but the…

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