| Citation(s) |
|---|
| 1994 SLG 1586 1994 SLD 1586 = 1994 PLD 216 |
Civil Revision Application No.232 and Civil Miscellanous Applications Nos.1242,1199,1200 and 1201 of 1993, decided on 28th December, 1993.
Abdul Rahim Kazi, J
Lt.-Com. (Retd.) ABDUL AZIZ and 2 others---Applicants
VERSUS
MUHAMMAD IBRAHIM and 3 others---Respondents
Law:
Section:
1 . Granted 2 , Granted subject to all just exceptions 3. This revision application .has been filed challenging the concurrent findings of the two Courts below. Briefly the facts are that the present applicants had filed a suit for declaration and possession, which was decreed on 5-3-1981. This decree was affirmed by the VIIIth Additional District Judge, Karachi in Civil Appeal No.163 of 1981. The judgment of the appellate Court was challenged before this Court in Revision Application No. 45 of 1993. The said revision application was also dismissed and thus the decree passed in the suit acquired finality. The decree-holders then filed the . Execution Application being Execution Application No.5 of 1992. The J.Ds. filed their objections and also an application under section 12(2), C.P.C. before the Executing Court. The Executing Court vide orders passed on 4-11-1993 allowed the Execution Application and ordered writ of possession be issued. This order was challenged before the District Judge, Karachi (East) in Civil Miscellaneous Appeal No. 64 of 1993 which was dismissed. Being aggrieved, the present applicants have filed revision application. I have heard Mr. S.M. Saeed, the learned counsel for the applicants. The contentions raised by the learned counsel are that the Executing Court did not decide the objections filed by the present applicants and directed the writ of possession be issued without any notice to the applicants. He has further submitted that in his objections he had raised the contention that the plots in possession of the present applicants are not the same as mentioned in the decree. He has, therefore, submitted that this is a fit case where the District Judge should have remanded the matter to the Executing Court with the direction to decide the identity of the plots by allowing them to lead evidence. In the first instance it may be pointed out that the application under section 12(2) , C.P.C. was not maintainable before the Executing Court as the matter has already reached the level of the revision application before the High A Court. It may also be pertinent to reproduce the operative part of the…