Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 47---Executing Court's power relating to execution, discharge or satisfaction of decree---Executing Court was empowered to settle all controversies between parties relating to execution of decree in the light of its terms and conditions---Executing Court must confirm its deliberations within purview of the decree and not beyond that---Objection against execution of decree could be raised in execution proceedings, although it was not raised at the time of passing of decree---Dispute in execution proceedings was confined to execution by delivery of possession of the site under the house occupied by -debtors---Decree-holders in their suit for possession had never claimed ownership of house in question, nor had demanded delivery of possession of land under such house after demolishing the house---Decree in question, to the extent of house in question, was not executable, in absence of reference of same in the decree---Legal course available to decree-holder was to seek delivery of symbolic possession of the land under the house in question, such land having been included in the decree. 1972 SCMR 237; 1984 CLC 1531; AIR 1927 Rang. 82; AIR 1927 Pat.141; PLD 1967 Pesh. 154; AIR 1957 Pat. 331; AIR 1970 All. 648; AIR 1980 Pat. 197; 1970 SCMR 488; 1991 CLC 82; PLD 1947 PC 272; AIR 1932 All. 337 and AIR 1981 All. 280 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 47---Execution of decree---Judgment-debtor purchasing share of one of the decree-holders during execution proceedings---Effect---Such action on the part of -debtor by itself could not stop the execution of decree--­Judgment-debtor in whose favour one of the decree-holders had abandoned his share, in the land at the best, entered into his shoes---Judgment-debtor at the time of partition of land in question, can validly claim share of such decree­-holder (vendor), but such option would be available at the stage of post ­execution proceedings. ORDER The appeal has arisen out of execution proceedings in respect of land measuring 17 Kanals 7 Marlas, comprising Survey No. 170, situate in Village Chela Bandi, Tehsil Muzaffarabad. Abdul Rehman, ancestor of the present…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492