Law:

Section:

Civil Procedure Code (V of 1908)------O. XXI, R. 10---Execution of decree---Suit had concurrently been decreed in favour of respondents by the courts below---Validity---Matter between the parties was amicably resolved and according to agreement arrived at between the parties the decree-holders were to transfer the house in the names of all the legal heirs of deceased and in return one of the decree-holders would get a plot of 100 square yards in the industrial area and that would be within the factory of -debtor---Agreed plot of 100 square yards being near the factory premises of -debtor, there was imminent apprehension that dispute would continue between the two real brothers upon running the factory; it had been amicably resolved that -debtor would purchase the plot of 100 square yards of equal value as that of his plot in the same vicinity and would give it to one of the decree-holders and parties agreed to that proposal---By consent of parties, High Court ordered that -debtor would purchase plot of 100 square yards of the value equal to that of his plot in the same vicinity, where his factory was located and would give it to decree-holder on ownership basis---Failure of -debtor to purchase, transfer and hand over the plot of 100 square yards within the specified period, it would be open for the respondent to pursue the execution application. Liaquat Ali Hamid for Applicant. S. Abid Shirazi for Respondent No.1. Respondent No.1 in person. ORDER KHAWAJA NAVEED AHMED, J.--- This is a dispute between the family members of legal heirs of late Nisar Ahmed Khan. There are concurrent findings of the Courts below in favour of respondent Nb.1, Riaz Ahmed and Shakeel Ahmed. The learned III Senior Civil Judge, Karachi (East), by order dated 23-12-2005 has decreed Suit No.1248 of 1999 on admission made by the applicant/defendant in the written statement. The relevant petition of the order is reproduced hereunder: "Before proceeding further, the relevant paras of written statement filed by the defendant are reproduced here as under for the sake of brevity. (4) That the contents of para No.4 of the plaint are partially admitted and partially denied. It is submitted that as…

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