Law:

Section:

Execution Pr«;eedmgs- —Ejectment order- Execution of-Warrant of possession after dismissal of writ petition—Possession stood delivered before order of suspension of execution of High Courts order was passed-Police Officer who accompanied bailiff, acted in performance of his official duty and cannot be deemed to hav acted nialafidely-Similarly Police Officers who subsequently took control of premises, although misconstrued order of High Court, yet it appears that they also acted bonafidely to have status quo order implemented—Held: Execution proceedings initiated after dismissal of appeal and Constitutional petition, cannot be construed to be premature although launched with undue haste. [Pp.332333]A,B,CD ORDER By this order I propose to dispose of C.M.No.1172/92, C.M.No.1239/92, C.M.No.1284/92, W.P.No.3715/92 and W.P.No.3957/92 as these are inter connected and relate to the same subject-matter. 2. The facts in brief giving rise to these petitions are that Mr. A.R.Khan (hereinafter referred to as the petitioner) on the one hand and Mr. P.N. Boga and others hereinafter referred to as the respondents), on the other, litigated between themselves about transfer of property No.SE-12-R-6 8, situate at 1 Cans Bank, Lahore upto the level of the Supreme Court of Pakistan. Ultimately the dispute was resolved on 18.12.1986 in favour of the petitioner. Somewhere in 1966, during the pendency of litigation between the parties, the petitioner filed application for ejectment of the respondents from the property in dispute. The learned Rent Controller taking cognizance of the pendency of the, litigation between the parties vide order dated 27.12.1973 adjourned the ejectment proceedings sine die. After the final decision of the case by the Supreme Court of Pakistan, the learned Rent Controller pursuant to an application filed by the petitioner, revived the ejectment proceedings against the respondents. On 30.5.1991, he accepted the ejectment petition and directed ejectment of, the respondents. The learned Additional District Judge, Lahore on 27.11.1991 affirmed the order in appeal. The respondents being aggrieved against those orders filed W.P. No.11694/91, which was dismissed on…

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