Law: Specific Relief Act (I of 1877)

Section: 42,54

Law: Limitation Act, 1908

Section: IX,5

Law: Code Of Civil Procedure, 1908.

Section: V,115

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Limitation Act (IX of 1908), S. 5---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and injunction---Limitation---Condonation of delay---Time barred civil revision application filed during pendency of another application filed within time---Suit was filed by respondents / plaintiffs assailing mutation containing names of petitioners/defendants as owners of suit land---Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of respondents/plaintiffs---Two revision applications were filed against same judgment, one was within time while the other was barred by limitation---Held: Respondents/plaintiffs had been in possession of property since long and their possession was never disturbed in any manner---There had not been any actual denial of their rights except through mutation in question---One of the mutations was attested on 28-06-1997 while the other mutation had been attested on 25-051998---Suit instituted on 23-09-2000 was within six years of attestation of mutation when actual denial of right took place---Delay in limitation in filing of other revision application was condoned as the other application filed against same judgment was filed within time and was also sought to be disposed of through single judgment---High Court declined to interfere in judgment and decree passed by Lower Appellate Court in favour of respondents / plaintiffs--Revision was dismissed in circumstances. Haji Muhammad Yunis (deceased) through legal heirs and another v. Mst. Farukh Sultan and others 2022 SCMR 1282 and Muhammad Ashraf and others v. United Bank Limited and others 2019 SCMR 1004 rel. Date of hearing: 17th October, 2023. JUDGMENT WIQAR AHMAD, J.---This single judgment shall dispose of instant petition (C.R. No.1717-P/2011) and C.R. No.892-P/2012, filed by petitioners Muhammad Ikram etc and Muhammad Amin etc, against Fazlur Rehman and others, as both these petitions, have been filed against same judgment dated 29.11.2011, passed by learned Additional District Judge-III, Swabi, whereby appeal of respondents against petitioners was allowed thereby setting aside judgment and…