Law: Specific Relief Act, 1877

Section: 39,42,54

Law: Civil Procedure Code (V of 1908)

Section: 47

Specific Relief Act (I of 1877)--- ----Ss. 39, 42, 54---Civil Procedure Code (V of 1908), S.47---Suit for cancellation of document, declaration and injunction---Execution of decree---Principle---Failure to execute decree/ debtor was aggrieved of order issued by Executing Court to hand over vacant possession of suit property or price of land to legal heirs of deceased decree holder---Validity---Executing Court only was competent under S.47, C.P.C., to execute decree as it was but had no authority to go behind the decree---Decree had attained finality and it was to be executed accordingly---Decree could be enforced by any of the modes authorized by Civil Procedure Code, 1908---Executing Court was to provide assistance to decree holder for execution of decree---Executing Court while executing decree had to determine how and in what manner decree was to be executed---Technicalities were not be hurdle in way of execution of decree/ debtor failed to point out any illegality in orders passed by two Courts below---Revision was dismissed, in circumstances. Jameela Pir Bukhsh v. Appellate Authority, 2003 SCMR 1524; Wards v. Maharajah Coomar Ramaput Singh 14 MIA 605 = 17 WR 459 = 10 BLRPC 294 = 2 Suth. PCJ 575 = 3 Sar. PCJ 117; Venkappas case; AIR 1956 Hyd. 7; Muhammad Hussain Shahs case PLD 1943 (sic) Lah. 166; Muhammad Naeems case 2013 MLD 9741(sic); Ahmed Murtaza v. Naseera Fatima Sughra 2021 CLC 400 and Allied Bank Limited v. Messrs Fazal Vegetable Ghee Mills and others 2019 CLD 441 rel. Habib-ur-Rehman for Petitioner. Obaid-ur-Rehman, Attorney for Respondent No.1 to 7 and 9. Shahid Javed Nagi for Respondents Nos.10 to 13. Miss Shakar Bibi for Respondents Nos.8-A to 8-E and Saifullah Sanjrani, Additional Advocate General. hearing date: 16th April, 2021. JUDGMENT ABDUL HAMEED BALOCH, JUSTICE:---.--- -Through this judgment I intend to dispose of above titled revision petition filed by the petitioner against the orders dated 15th November, 2018 and 26th December, 2018 (impugned orders) passed by learned Civil Judge-II, Quetta and learned Additional District Judge-I, Quetta respectively (executing and appellate court), whereby the executing court vide order 25th November,…

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