| Citation(s) |
|---|
| 2026 SLG 4482 = 2026 SLD 4482 = PLJ 2026 321 |
Islamabad High Court
R.S.A. No. 7 of 2026
Presented By: Sardar Ejaz Ishaq Khan JUDGE
M/s. Ans Mashood and Usama Bin Abbas, Advocates for Appellants. Appellant No. 1 in person. Mr. Alqari Anas Khalil (through video link) Appellant No. 2. Mr. Noman Sadiq, Ahtesham Sadiq, Adel Khaleel Alqari and Zuhair Khalil Alqari (through video link)
Respondents 3 to 6. Date of decision: 03.06.2026
R.S.A. No. 7 of 2026
Presented By: Sardar Ejaz Ishaq Khan JUDGE
M/s. Ans Mashood and Usama Bin Abbas, Advocates for Appellants. Appellant No. 1 in person. Mr. Alqari Anas Khalil (through video link) Appellant No. 2. Mr. Noman Sadiq, Ahtesham Sadiq, Adel Khaleel Alqari and Zuhair Khalil Alqari (through video link)
Respondents 3 to 6. Date of decision: 03.06.2026
ASLAM KHAN and another--Appellants
VERSUS
TALEEM-UL-QURAN UL KAREEM TRUST through Manager and others--Respondents
Law: Code Of Civil Procedure, 1908.
Section: 92(1)(f) , 100
Civil Procedure Code, 1908 (V of 1908)-- ----Ss. 92(1)(f) & 100--Trust property--Sale--Permission of Court--Objects of Trust--Application of sale proceeds--Trust property--Charitable trust--Objects of trust--Sale proceeds--Application towards trust objects--Replacement property--Continuing supervision--Scope--Lack of resources--Bona fide object of trustees--Sale of property--Court’s permission for sale--Safeguards for protection of trust property--Auction--Valuation--Application of sale proceeds--Continuing jurisdiction--Where trustees, being unable to establish proposed educational institution on trust property for want of sufficient funds, resolved to sell property so as to acquire alternative land and utilize remaining proceeds for construction and operating expenses of charitable institution, proposed sale could be considered within framework of Section 92(1)(f), C.P.C., provided that sale proceeds remained exclusively dedicated to objects of Trust--Where trust property was not alienable in accordance with deed of trust, Court could permit its sale under section 92(1)(f), C.P.C--Proceeds of such sale, however, were required to remain dedicated to objects of trust and could not be diverted to any purpose outside trust--Jurisdiction under section 92(1)(f), C.P.C. was therefore available where circumstances justified sale of trust property for advancement and preservation of trust objects--Appeal allowed. [Pp. 324 & 325] A & B M/s. Ans Mashood and Usama Bin Abbas, Advocates for Appellants. Appellant No. 1 in person. Mr. Alqari Anas Khalil (through video link) Appellant No. 2. Mr. Noman Sadiq, Ahtesham Sadiq, Adel Khaleel Alqari and Zuhair Khalil Alqari (through video link) Respondents 3 to 6. Date of decision: 03.06.2026 Judgment This second appeal is from the first appellate judgment and decree dated 27.02.2026, upholding the dismissal of the plaintiffs suit under Section 92, CPC for Court’s permission to sell trust property. 2. The appellants are the Trustees of “Taleem-ul-Quran-ul-Kareem Trust” (the “Trust”)), registered under the Islamabad Capital Territory Trust Act…