Law: Constitution of Pakistan, 1973

Section: 199

Law: Specific Relief Act, 1877

Section: 12,42

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---Concurrent findings of fact by the courts below---Such findings against a petitioner cannot be dislodged by High Court routinely unless the petitioner is able to show that the same were perverse or patently incorrect. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---Specific Relief Act (I of 1877), Ss.12 & 42---Suit for specific performance of agreement and declaration---Concurrent findings of fact by two courts below---Execution of decree---Executing Court allowed application for execution of decree passed against petitioner and the order was maintained by Lower Appellate Court---Validity---Petitioner failed to bring any material to satisfy the court that orders passed by Trial Court suffered from any legal infirmity---Judgment and decree passed by Trial Court was challenged in appeal and after dismissal of appeal, the same was not challenged further thus and decree attained finality---Lower Appellate Court did not find any ground for exercise its revisional jurisdiction and the same was dismissed being meritless---Petitioner failed to allege that courts below had exercised jurisdiction not vested in them by law or failed to exercise jurisdiction so vested or had acted in exercise of jurisdiction illegally or without material irregularity---High Court in exercise of Constitutional jurisdiction, declined to interfere in the orders passed by two courts below---Petition was dismissed in circumstances. THIS ORDER PASSED BY: GULZAR AHMED, J.--- Granted. 2. Granted subject to all just exceptions. 3. Through this petition, the petitioner has challenged Order dated 12-9-2011, passed by the learned Vth ADJ, Karachi, East in a Civil Revision No.54 of 2011, preferred by the petitioner, wherein Order dated 28-3-2011, passed by learned VIIth Senior Civil Judge, Karachi East in Execution No.89 of 2010 arising out of Suit No.893 of 2003 had been challenged. In a nutshell, it was the case of the petitioner that Suit No.598 of 2000 for declaration, specific performance of contract, recovery of amount and injunction was filed before this court against the…

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