Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 2(ii),115,11

Specific Relief Act (I of 1877)--- ----Ss. 42 54---Civil Procedure Code (V of 1908), Ss. 2(ii), 115 O.VII, R.11---Suit for declaration and injunction--- Decree--- Rejecting of plaint---Petitioner was aggrieved of execution proceedings initiated on the basis of decree passed under O. VII, R. 11, C.P.C.---Plea raised by petitioner was that such decree was only meant for appeal and not for execution---Rejection of plaint was also decree under S.2(ii), C.P.C. as there was formal expression of adjudication conclusively determining rights of parties and was capable of execution---High Court declined to interfere in order passed by Lower Appellate Court---Revision was dismissed accordingly. JUDGMENT KAMRAN HAYAT MIANKHEL, J.---Through this revision petition, the petitioner has called in question the judgment dated 19.12.2019 of the learned Additional District Judge, Ghazi, whereby appeal filed by respondent against the order dated 24.07.2019 was accepted. 2. Briefly stated facts of the case are that petitioner filed a suit against the respondent for declaration, possession and permanent injunction in respect of the landed property falling in Khasra No.2808 of Mauza Goigram/Srikot Tehsil Ghazi District Haripur. Respondent appeared before the learned trial court and filed an application under Order VII, Rule 11, C.P.C. for rejection of plaint on the ground that the matter has already been decided by the competent court of law. The learned trial court after hearing learned counsel for parties vide order dated 18.04.2016. Not contented with same, the petitioner preferred an appeal before learned Additional District Judge, Ghazi, Haripur which was dismissed vide order dated 24.10.2016. Dissatisfied with the same, the petitioner filed Revision Petition bearing No.352 of 2016, which was also dismissed by this court vide order dated 26.03.2018. Thereafter the respondent filed an execution petition before the learned Civil Judge-I, Ghazi which was dismissed vide order dated 24.07.2019. Against the abovementioned order, the respondent preferred an appeal before learned Additional District Judge, Ghazi Haripur, which was accepted vide judgment dated 19.12.2019, hence, this…

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