| Citation(s) |
|---|
| 2010 SLG 2412 2010 SLD 2412 2010 CLC 1532 |
Lahore High Court
SH. AZMAT SAEED, J
Arshad Malik Awan for Petitioner. Malik Salim Iqbal Awan for
Respondents.
SH. AZMAT SAEED, J
Arshad Malik Awan for Petitioner. Malik Salim Iqbal Awan for
Respondents.
SOODAN KHATOON-
VS
ZAREENA BEGUM and 4 others
Law:
Section:
Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration claiming to be the widow of the deceased and her entitlement as a sharer in the inheritance of the deceased---Plaintiff also filed an application for the grant of temporary injunction to protect her share in the disputed property against execution of decree---Trial Court accepted application of the plaintiff--Appeal filed against the order of Trial Court was disposed of by Appellate Court entitling the defendant to execute decree to the extent of 1/16 share in the estate, protecting rights of the plaintiff to the extent of the balance 1/16 share---Estate of the deceased consisted of bank accounts and the immovable property---Defendant was entitled to receive 1/16 share in terms of the impugned order whereas in terms of immovable property, her share was undivided and she was entitled to the possession of immovable property subject to partition---Revision petition was disposed of accordingly. ORDER SH. AZMAT SAEED, J.---This civil revision is directed against the appellate order dated 7-9-2009. 2. The brief facts necessary for the adjudication of the lis at hand are; that respondent No.1, the widow of one Mian Abdul Khaliq filed a suit for enforcement of her right of inheritance. The said suit was resisted and eventually decided in her favour by this Court in a revision petition which was challenged unsuccessfully before the honourable Supreme Court of Pakistan. Whereafter, the present petitioner filed an application under section 12(2), C.P.C. claiming also to be the widow of Abdul Khaliq. The said application was filed before this Court. The petitioner took up the plea that she was not being impleaded in the suit or in the proceedings before this Court. The said application under section 12(2), C.P.C. was disposed ofโฆ
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