Law: Code Of Civil Procedure, 1908.

Section: 100

Summary The appellants filed a second appeal challenging concurrent judgments dismissing their suit for declaration, cancellation of a registered sale deed, partition, and injunction regarding inherited property. They alleged the sale deed was forged and fraudulent, but both the trial and appellate courts found they failed to prove fraud or ownership through credible evidence. The High Court held that a second appeal under Section 100 CPC is limited to substantial questions of law and cannot be used to reappreciate evidence. Since no legal error or substantial question of law was established, the appeal was dismissed. Sections Used Section 100, Code of Civil Procedure, 1908 (CPC) Two 2-Word Descriptions Property Dispute Second Appeal O R D E R Through instant IInd Appeal, filed under Section 100 of the Code of Civil Procedure, 1908, the appellants challenge the judgment and decree dated 16-03-2024, passed by the learned VIth Additional District & Sessions Judge, Karachi (East), in Civil Appeal No. 306 of 2023, whereby the appeal preferred by the appellant was dismissed, maintaining the judgment and decree dated 18-08-2023, passed by the learned IVth Senior Civil Judge/Assistant Judge, Karachi (East), in Suit No. 1716 of 2020, whereby the suit of the appellant was dismissed. The appellants seek that the impugned judgments and decrees of both the courts below be set aside and the suit be decreed as prayed. Briefly, the facts of the case are that the appellants/plaintiffs filed Suit No. 1716 of 2020 before the learned IVth Senior Civil Judge, Karachi (East), seeking declaration, cancellation, partition, and permanent injunction in respect of a portion of the house constructed on Plot No. 2/10, Area 2-A, Landhi No. 3½, Karachi, which they claimed to have inherited as legal heirs of the deceased Muhammad Mustaqeem Khan. It was averred that the father of the appellants, being co-owner of the suit property, had not sold the said portion to the deceased Azhar Imran, late husband of defendant No. 1, and that the so-called Sale Deed dated 27-11-2013 in favor of the deceased Azhar Imran was allegedly forged or fraudulently managed. The appellants/plaintiffs…