Law: Cooperative Societies Act, 1925

Section: 54,59

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: O,XXXI,1

(a) Cooperative Societies Act (VII of 1925)--- ----Ss. 54 & 59---Constitution of Pakistan, Art. 199--- Constitutional petition---Execution of order---Possession of property, non-transfer of was member of Housing Society and was owner of three plots was aggrieved of non-transfer of physical possession of the plots by the Housing Society, despite order passed by nominee of Registrar Cooperative Societies---Validity had filed application under S.54 of Co-operative Societies Act, 1925 and almost five years had passed since he was striving for his right to gain possession of the plots owned by him---Housing Society instead of facilitating the petitioner in gaining possession of his owned plots was creating hurdles in his way---Endeavors of petitioner were successful when nominee of Registrar allowed application under S.54 of Co-operative Societies Act, 1925, of petitioner and directed the Housing Society to hand over possession of his plots---Appeal filed by Housing Society against order of the nominee of Registrar was dismissed and the original order had attained finality for all intents and purposes--- High Court imposed costs throughout upon the Housing Society for its conduct---Constitutional petition was allowed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----O.XXI, R.1---Execution of decree---Duty of court---Executing forum/court cannot go behind decree/order which is to be executed. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant writ petition, the petitioner, S.M. Tariq Khawaja, prays for a direction to the respondents to handover possession of Plots Nos.933, 934 and 936 in Sector E-11, Islamabad to the petitioner by taking steps in furtherance of the execution certificate dated 31.07.2017. 2. The facts leading to the filing of the instant petition are that in the year 2003, the petitioner purchased six plots (i.e., Plots Nos.931 to 936 in Sector E-11, Islamabad) from their allottees. With the purchase of these plots, the petitioner became a Member of National Police Foundation Cooperative Housing Society (respondent No.3), which is registered under the provisions of the Cooperative Societies Act,…

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