Law:

Section:

Civil Procedure Code (V of 1908)--O.IX, R.6, Ss.12(2) & 47---Constitution of Pakistan (1973), Art.185(3)--­Stay of execution proceedings pending adjudication of application under S. 12(2), Civil Procedure Code, 1908---Validity---Two successive mutations of sale in respect of house in question---Earlier mutation challenged by petitioner and ex parte decree was passed in his favour---Subsequent transferee was not a party in said suit for transfer in his favour had taken place lis pendens--- Subsequent transferee challenging ex parte decree on grounds of fraud and collusion and getting stay of execution proceedings with regard to ex parte decree---Order of stay of execution was set aside by Appellate Court but maintained by High Court---Legality---Ex parte decree of which execution was sought, being under challenge before Trial Court on ground of fraud and collusion and matter being sub judice, Trial Court had properly exercised its discretion in maintaining status quo; Appellate Court without substantial reasons set it at naught while the High Court correctly restored Trial Court's order---No legal error was found in the of High Court whereby it restored status quo order as passed by the Trial Court---Leave to appeal was refused in circumstances. JUDGMENT WALI MUHAMMAD KHAN, J.---Mst. Jamila, petitioner herein, seeks leave to appeal against the judgment dated 16-1-1993 of the Peshawar High Court, whereby Revision Petition No.427/92 filed by Muhammad Tahir respondent against the judgment of the Additional District Judge, Swabi dated 5-9-1992, was accepted. The facts of the case, briefly stated, are that the petitioner was owner of the suit house who allegedly sold the same vide Mutation No.5448 attested on 28-12-1989 in favour of Fazl-e-Rabbi, respondent No.2 herein, who further alienated the same vide Mutation No.5485 attested on 18-4-1990 in favour of Muhammad Tahir, respondent No.l herein. The first mutation was challenged by the petitioner and ex parte decree dated 28-1-1991 was passed in her favour. The…

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