| Citation(s) |
|---|
| 2026 SLG 30 2026 SLD 30 = 2025 SHC 2689 = 2025 SHC 2691 |
C.P No.D-4570 of 2025
Before; Mr. Justice Yousuf Ali Sayeed; Mr. Justice Abdul Hamid Bhurgri.
Date of hearing:- 03.10.2025 Mr. Blosch Ahmed Junejo, Advocate for the petitioner.
[Ameer Bux Gaad
VS
. P.O Sindh and others]
Law: Code Of Civil Procedure, 1908.
Section: Order II, Rule 2
Law: Qanun-e-Shahadat Order, 1984
Section: 114
Case Summary:
The petitioner sought direction for issuance of the remaining challan for 15 acres of land in Scheme-33, Karachi, claiming entitlement after a summary approval in 2012. The Court held that mere summary approval does not confer enforceable rights, and no lease deed was executed. The petitioner delayed for years and had already filed a civil suit on the same matter, which was dismissed for non-prosecution. Applying the doctrine of election of remedies, the Court ruled that the petitioner cannot re-agitate the same relief through a constitutional petition. The petition was dismissed.
Sections / Doctrines Used:
CPC (Civil Procedure Code): Order II, Rule 2 (Election of remedies)
Qanun-e-Shahadat Order, 1984: Article 114 (Principles of estoppel)