| Citation(s) |
|---|
| 2026 SLG 4192 = 2026 SLD 4192 |
Civil Revision No. 119-P/2026 with CM No. 167-P/2026.
Presented By: (MUHAMMAD NAEEM ANWAR) JUDGE
PRESENT For petitioner (s): Mr. Altaf Ahmad, Advocate For respondents Nemo (motion) Date of hearing: 02.02.2026.
Bakht Jamal and others
VS
Khushdil
Law: Code Of Civil Procedure, 1908.
Section: 47, 35(2), 97–99, 12(2)
Tagline
Execution of Decree for Possession — Section 47 CPC — Judgment-debtor cannot introduce a new pre-decree plea during execution — Executing Court cannot go behind a final decree — Objection dismissed.
Summary
The petitioners challenged the execution of a decree for possession of 20 kanals 08 marlas. They filed objections under Section 47 CPC, arguing that the decree-holder had already sold 7 kanals 19 marlas of the property through a 2015 mutation and therefore could not seek possession of the entire decretal property.
The Peshawar High Court dismissed the civil revision, holding that the petitioners had already contested the ownership issue during the original suit and had failed to establish any title to the decretal property. The decree had subsequently attained finality, as their appeal and application under Section 12(2) CPC had also failed.