Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.10,23A

Civil Procedure Code (V of 1908)--- ----O. XXI, Rr.10 & 23-A---Execution proceedings---Objection to execution---Intervenor had filed objection application with prayer therein to investigate his claim that he was owner of plot in question---Record had established that title documents of the subject property were in favour of decree-holder---Nazir of the court in his report had submitted that subject plot had been demarcated by the officials having layout plan of 1972---Counsel for intervenor had not filed any objection to the Nazir's report---Claim of the intervenor on the subject plot was baseless and his application was misconceived and was dismissed---Nazir of the court was directed to take physical possession of the subject plot of the execution proceedings, which had already been demarcated; and hand over physical possession of the same to the decree-holder. THIS ORDER PASSED BY: SYED HASSAN AZHAR RIZVI, J.--- Nazir report dated 12-11-2010 is taken on record. 2. The intervenor has tiled the present application prayed therein to investigate the claim of the intervenor that he is owner of compact Plot No.SNPA-17, Survey Sheet No.45 P/1 measuring 9200 sq. yards transferred to intervenor by allotment certificate dated 21-6-1981 followed by registered sub-lease for 99 years dated 18-9-2006 executed by Messrs Al-Riaz Cooperative Society and the suit Plot No.38, Block-B, situated at KDA Scheme No.1 is not part of it. Mr. Shaiq Usmani, learned counsel for the decree-holder submits that vide order dated 5-11-2009 the present execution was allowed by this Court and by order dated 10-8-2010 of this Court Nazir was appointed as Commissioner and he was empowered to contact the concern department and staff of CDGK and visit the site to effect proper demarcation of the subject land. The Nazir of this Court was also directed to seek police aid through concerned Police Station. On 12-11-2010 the Nazir has submitted a detailed report to this Court whereby he stated that on 21-10-2010 he inspected the site in presence of the decree holder, Mr. Muhammad Ayub advocate for decree holder, Azhar Ali Khan, DDO Scheme No.1 Land Department, CDGK, Amir Afzal S.I. of Police Station…

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