Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.144---Restoration of possession---Scope---Remand order--- Final determination of entitlement---After setting aside of decree by Supreme Court, Single Judge of High Court directed the Official Assignee to take over the possession of suit property---Appellant contended that exercise of restitution as provided under S.144, C.P.C. was not available being limited to person entitled and that whole of the order as passed by Supreme Court was not considered and the order of remand as passed while setting aside the decree and such order could not be treated as reversal of decree---Validity---Elements of variation or reversal along with any determination of entitled party were missing and in absence of the same exercise of power under S.144, C.P.C. was not available and warranted, even to the extent of handing over the same to the Official Assignee---Neither disentitlement of appellant stood established nor there was any element of wastage of subject property---Division Bench of High Court set aside order of restoration of possession passed by Single Judge of High Court on account of not being available accordingly without required determination of entitlement---High Court Appeal was allowed in circumstances. Aquil Usman Dhaduk and another v. Jamil Akhtar Kiyani and 5 others 2004 YLR 122 ref. THIS JUDGMENT DELIVERED BY: MAHMOOD A. KHAN, JUSTICE:---.--- This appeal impugns the order dated 23.12.2013 as passed by the learned single Judge in Suit No. 514/2003 Re. Anjum Rehmat and another v. Sqdn. Leader (R) Shaikh Ghulam Sadiq and others, on CMA No. 8818/2009, an application under section 144, C.P.C. for restoration of possession filed by the defendant Official Assignee. The application requires the possession of the subject property to be delivered to the official assignee as the decree based upon which the same was acquired has been set-aside along with a payment of Rs.100,000/- per month for use and occupation from the date of possession. Learned trial Court after hearing of the parties was pleased to order that the possession of the subject property be taken over by the Nazir of this Court and it is further directed that mesne…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492