Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched., Ss.13 & 14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of dower---Execution of decree---Determination of rate of gold---Suit of plaintiff was concurrently decreed by the Family Court and Appellate Court---Defendant had admitted decree to the extent of 10 Tolas gold which decree was upheld upto Supreme Court---Only dispute was about the rate of gold at what rate that decree should be executed---Claim of the defendant was that marriage between the parties having been solemnized on 26-8-2002, rate of gold should be that which was at the time of solemnization of marriage on 26-8-2002, while Executing Court had fixed the rate as Rs.29,000 per tola, which was the rate at the time of execution of decree---Appeal filed by the defendant was dismissed by the Appellate Court which upheld the order passed by the Executing Court, whereby rate of gold was determined at the rate which was prevailing at the time of execution of decree---No interference in concurrent findings of facts of two courts below was called for in constitutional jurisdiction of High Court---Constitutional petition having been filed just to prolong the matter, petition was dismissed. Keizer Heat Khan Pinion for Petitioner. ORDER HAFIZ ABDUL REHMAN ANSARI, J.--- Through this writ petition, petitioner seeks setting aside of order dated 14-9-2009 passed by the learned Additional District Judge Taunsa Shari and following relief has been prayed for:--- "Under the circumstances, it is prayed that order dated 24-6-2009 passed by the learned Civil Judge/Judge Family Court, Taunsa Sharif and order dated 14-9-2009 passed by the learned Additional District Judge, Taunsa may kindly be declared without lawful authority and no legal effects and easy instalment may kindly be made of the decree under execution for its satisfaction." 2. Mureed Abbas son of Dost Muhammad filed an appeal before the Additional District Judge,…

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