Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Constitution of Pakistan, 1973-- ----Art. 199--Civil Procedure Code, 1908, S. 12(2)--Suit for recovery--Application for dismissal of suit--Accepted--Appeal--Dismissed--Revision petition--Accepted--Ownership of petitioners as per revenue record--Adjustment of shares of petitioners through Court decree--Co-owners--Violation of law--Challenge to--Record reveals that suit property is not ownership of respondents, which had already allotted to predecessors in interest of petitioners vide Mutation No. 1268 and later on, shares of petitioners were adjusted through Court decree--Court had already made direction to trial Court to decide application 12(2) CPC as well as civil suit instituted by respondents, in regard to suit property--Court decree and Mutation No. 1264 of year 1963, both are still intact and petitioners are recorded as co-owner, in record of rights in regard to suit property, therefore, a stranger could not institute suit for produce, till he confirm his title before Civil Court--Impugned s rendered by both fora below are without jurisdiction, and rendered in utter violation of law--Therefore, both impugned s rendered by Respondents No. 3 4 respectively are set aside--Petition was dismissed. JUDGMENT Through the instant writ petition, petitioners have challenged the impugned judgments dated 16.01.2018 and 16.01.2019, rendered by Respondents No. 3 and 4 respectively whereas, the former accepted revision petition of respondents against the impugned judgment of DOR/District Collector Swabi dated 28.06.2012, while the latter has dismissed the revision petition filed against the judgment of Respondent No. 3 dated 16.01.2018. 2. In essence, private respondents herein, had instituted a suit recovery of the amount of produce in regard to the suit land, well mentioned in the head note of the plaint, against petitioners along with an application for ejectment of petitioners, therefrom the suit land. Petitioners filed an application for dismissal of the suit before the Deputy District Officer Judicial, Mardan, which was accepted and the suit was dismissed vide judgment dated 11.02.2011. Respondents filed an appeal against the judgment of DDO (J), Mardan, dated…

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