P L D 2006 Peshawar 37 (PLP)
ABDUL RASHID — Petitioner Versus MUHAMMAD NAZIR ABBASI and 24 others — Respondents
| Citation | P L D 2006 Peshawar 37 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | ABDUL RASHID — Petitioner Versus MUHAMMAD NAZIR ABBASI and 24 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in P L D 2006 Peshawar 37 (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2006 Peshawar 37 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2006 Peshawar 37 (PLP) (ABDUL RASHID — Petitioner Versus MUHAMMAD NAZIR ABBASI and 24 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Hafeez-ur-Rehman Abbasi for Petitioner.
- Amir Hussain Abbasi for Respondents.
Headnotes / Summary
O. XXI, Rr.10 & 23-A
Execution of decree, objection to
Possession of decreed Khasra numbers, was handed over to the decree holder
Objector filed petition that instead of decreed Khasra numbers, other property belonging to him and other co-owners of adjoining Mauza was handed over to the decree-holder
Objection petition, did not clarify as to which Khasra numbers belonging to objector, were given to the decree-holder
Parties agreed that instead of holding a full-dress trial, with the view to shorten the controversy, a Local Commission be appointed to carry out extensive demarcation on the spot according to law and to physically verify as to whether decree-holder had been given possession of the decreed suit Khasra numbers or one which were alleged by the objector
High Court disposed of the revision petition in view of the agreement between the parties,' directing Executing Court to appoint a competent Local Commission, preferably expert on revenue law, with direction to carry out complete and extensive demarcation for locating the decreed suit Khasra numbers and to report as to whether possession of land of decreed Khasra numbers had been given to the decree-holder or some other Khasra numbers, as alleged by the objector, and to prepare a proper site-plan showing location of decreed suit Khasra numbers with the assistance of Revenue official and Revenue Record--Parties would be entitled to raise objection to report of the Local Commissioner.
Judgment & Decree
DOST MUHAMMAD KHAN, J.
Impugned in this petition are the judgments dated 2-4-2001 of Civil Judge-I and dated 13-9-2003 of the learned Additional District Judge, Abbottabad entertaining objection petition against the execution of decree No.228/1 passed in favour of the petitioner on 16-10-1996.
2. Arguments heard and record perused.
3. Decree in respect of suit Khasra numbers was passed by the trial Court which has attained finality as it was not challenged because it was an ex parte decree. When it was put to execution, possession of the decreed Khasra numbers was handed over to the decree-holder petitioner by the Local Commission on 19-8-1998 which was appointed by the executing Court. The respondent-objector tiled the petition that instead of the decreed Khasra numbers of other property belonging to him and other co-owners of adjoining Mauza was handed over to the petitioner. The objection petition does not clarify as to which Khasra numbers belonging to the objector were given. It was entertained and admitted for hearing and parties were asked to adduce evidence for and against appeal filed by the petitioner was equally dismissed.
4. After brief arguments, learned counsel for the parties agreed to the proposition suggested by the Court that instead of holding a full dressed trial the one adopted by the trial Court and with the view to shorten the controversy let a Local Commission be appointed to carry out extensive demarcation on the spot according to law and to physically verify as to whether the decree-holder has been given possession of the suit Khasra numbers decreed or the one which are alleged by the objector, the learned counsel for the petitioner, however, prayed that the decree-holder is at the advanced stage of his life and the case/decree being fairly old enough time limit for the said exercise be given to the executing Court. In view of the agreement between the learned counsel to the suggested proposition this petition is disposed of in the terms that the impugned judgment of the two Courts below directing the holding of the trial and recording of evidence of the parties are set aside and instead executing Court is directed to appoint a competent Local Commission preferably revenue expert on the revenue law with direction that to carry out complete and extensive demarcation for locating the decreed suit Khasra numbers and to report as to whether the possession of the land of decreed Khasra numbers has been given to petitioner or some other Khasra number and to prepare a proper site plan showing location of the decreed suit Khasra numbers with the assistance of the Revenue official and Revenue Record. The parties would be entitled to raise objection to the report, where after the Local Commission may be examined by the Court giving right of cross-examination to the parties and thereafter the objection petition be decided but positively within two months. H.B.T./7/P Order accordingly.