| Citation(s) |
|---|
| 2022 SLG 1608 2022 SLD 1608 2022 PLJ 580 |
Lahore High Court
W.P. No. 14646 of 2016, decided on 8.3.2022.
SAFDAR SALEEM SHAHID, J.
M/s. Adnan Qureshi Tanveer Hayat, Advocates for Petitioner. M/s. Agha Abdul Hassan ArifNosheen Amber Bukhari, Advocates for
Respondent No. 1.
W.P. No. 14646 of 2016, decided on 8.3.2022.
SAFDAR SALEEM SHAHID, J.
M/s. Adnan Qureshi Tanveer Hayat, Advocates for Petitioner. M/s. Agha Abdul Hassan ArifNosheen Amber Bukhari, Advocates for
Respondent No. 1.
SADIA IQBAL
VS
UMAR NASIM AHMED etc.
Law: Family Courts Act, 1964
Section: 14,17
Family Courts Act, 1964 (XXXV of 1964)-- ----Ss. 14 , 17--Jurisdiction of--Filing of objection application--Execution proceedings--Right of appeal--No provision of appeal or revision shall lie against an interim order--Provisions of C.P.C. and Qanun-e-Shahadat Order are not applicable to proceedings of Family Court--Only one right of appeal has been provided by Act against final order of Family Court, whereas no provision of appeal or revision shall lie against an interim order of Family Court--High Court has reason to believe that while assuming jurisdiction to entertain said appeal and passing impugned order, erred in law by setting aside interim orders passed by Executing Court. 2002 SCMR 1950 ref. M/s. Adnan Qureshi , Tanveer Hayat, Advocates for Petitioner. M/s. Agha Abdul Hassan ArifNosheen Amber Bukhari, Advocates for Respondent No. 1. Date of hearing: 8.3.2022. ORDER Through this constitutional petition, Mst. Sadia Iqbal petitioner has challenged the validity of judgment dated 11.03.2016 whereby learned Addl. District Judge, Lahore set aside the orders dated 23.05.2015 , 15.12.2015 passed by learned Executing Court Lahore, “with the directions to learned Executing Court to determine/ ascertain the actual value of gold ornaments and not pure gold, prevailing at the date of satisfaction/execution of decree, when the judgment debtor had paid decretal amount, which was exact date of execution/satisfaction of decree, as per order of Hon’ble Lahore High Court, Lahore”. 2. Perusal of order dated 06.05.2016 passed by this Court in the instant petition reveals that on the said date, learned counsel for the petitioner contended that Respondent No. 1 had filed an application before the learned Executing Court raising objection on the value of gold ornaments on 3rd June, 2015 which was dismissed vide order dated 11th June,2015. Thereafter, the Respondent No. 1 filed EFA No. 1366 of 2015 against the said order, which he withdrew, after arguments, vide order dated 21.10.2015; that instead of availing appropriate remedy, he again moved an application with the same contents, pleadings and prayer seeking revaluation of the gold ornaments on 28.11.2015 which…
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