Law:

Section:

Civil Procedure Code (V of 1908)---------O. XXI, R.108---Constitution of Pakistan (1973), Art.185(3) ---Execution proceedings---Objection application---Title of suit property---Determination---Recalling of wrong order---After passing of decree and during execution proceedings, the petitioners filed objection application claiming to be the owners of the property---Executing Court allowed the application on the statement of decree holder---Objection was filed by the objector claiming herself to be the owner in possession on the basis of registered sale-deed---Executing Court recalled its earlier order and dismissed the objection application filed by the petitioners---Recalling order passed by Executing Court was maintained by Appellate Court and High Court---Petitioners for the first time, set up their claim of ownership of the house during execution of decree passed in the suit for partition and despite having knowledge of the suit, they made no effort to assert their claim at any stage in the intervening period---Validity---Petitioners in collusion with decree-holder, obtained a wrong order through misleading the Executing Court, therefore, High Court in its Constitutional jurisdiction could take no exception to the subsequent order passed by Executing Court---Judgment passed by High Court did not suffer from any legal infirmity or a jurisdictional error or defect of misreading or non-reading of evidence---Supreme Court declined to interfere with the passed by High Court---Leave to appeal was refused. M. Amanullah Khan, Advocate Supreme Court for Petitioners. M. Asif, Advocate Supreme Court for Respondent No. 1. Date of hearing: 16th August, 2004. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition for leave to appeal has been directed against the judgment, dated 21-11-2002 passed by a learned Division Bench of Peshawar High Court, Peshawar, in a Constitution petition. 2. The brief facts in the background are that Muhammad Younis Khan, respondent No.2 in the present petition filed a suit in 1982 for partition of the property" jointly owned by him with his other brothers and sisters. The suit was decreed in 1984 and the house, subject-matter of the dispute…

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