Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3)--Civil Procedure Code (V of 1908), O. XXI, r. 29-- Execution proceedings--Stay of--Furnishing of security--Interim order passed by High Court--Modified by Supreme Court--High Court while admitting writ petition, allowing continuance of execution proceedings and permitting withdrawal of decretal amount without furnishing security--Order impugned on ground that its recovery would become problematical in case writ petition was accepted--Order was modified by Supreme Court to effect that decretal amount shall not be withdrawn without furnishing security. ORDER NASIM HASAN SHAH, J.--This petition is directed against an interim order passed by the High Court, whereby, while admitting the writ petition filed by the petitioner against the order of the Judge, Family Court, Sialkot, which was upheld by the Additional District Judge, Sialkot, decreeing the suit of dower preferred by the respondent against the petitioner, the learned Judge did not unconditionally stay the operation of the decree but allowed the execution proceeding to continue though the respondent was not permitted to withdraw the decretal amount unless she furnished security to the satisfaction of the Executing Court. The petitioner is aggrieved by the later part of the order passed by the High Court allowing execution proceeding to continue and further allowing the decretal amount to be withdrawn on furnishing security to the satisfaction of the Executing Court. The main grievance of the petitioner is that he had already furnished a surety bond before the Judge, Family Court, Sialkot (a copy whereof is appended as Annexure 'H') and as the impugned judgment of the High Court is a continuation of the proceedings between the same parties, the High Court was not justified in passing an order for deposit of the decretal amount, without first setting aside the surety already tendered in that Court. We have looked at the copy of the document, attached as Annexure 'A' and we find…

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