| Case ID |
1793cd36-bcb7-43da-b425-16a857547a78 |
| Body |
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| Case Number |
C.P. No. D-1802 of 2011 |
| Decision Date |
Mar 26, 2015 |
| Hearing Date |
|
| Decision |
In this case, the Sindh High Court set aside the impugned order dated 28-09-2011 passed in Civil Revision No.35/2011 and restored the order of the Trial Court dated 14-02-2011. The court directed the Trial Court to decide the claim of title of the petitioners with respect to the disputed property on merits, concluding the same within the shortest possible/reasonable time. Additionally, the court restrained the respondents from interfering with the peaceful possession of the petitioners over the suit property located in Taluka Hyderabad, and granted any other relief deemed fit and proper under the circumstances of the case. The court also directed that the cost of the petition be borne by the respondents. Thus, the petition was dismissed accordingly. |
| Summary |
This landmark decision by the Sindh High Court in case number C.P. No. D-1802 of 2011, decided on March 26, 2015, revolves around a significant property dispute involving petitioners Allah Dino and six others against respondents Ali Muhammad and nine others. The case delves into intricate legal aspects such as the administration of justice, duties of public functionaries, and the application of the Specific Relief Act, 1877. Over the course of hearings held on February 17 and 18, 2015, the court meticulously examined the maintainability of the suit, referencing key sections like S.42, S.12, S.18, S.25, and S.39 of the Specific Relief Act, as well as provisions from the Civil Procedure Code, 1908, and the Constitution of Pakistan, 1973. Judges Syed Hasan Azhar Rizvi and Salahuddin Panhwar emphasized the importance of proper legal procedures and the necessity for declaratory decrees to be sought proactively by affected parties. The court highlighted that omissions in seeking such decrees could result in legal consequences, including waiver and estoppel, thereby underscoring the imperative for timely legal actions. Key legal precedents cited in the decision include PLD 1993 SC 147 and Mansab Ali v. Amir and 3 others PLD 1971 SC 124, among others, reinforcing the court's stance on maintaining judicial integrity and procedural correctness. The decision not only set aside previous orders but also directed measures to prevent any interference with the petitioners' possession of the disputed property, located in Taluka Hyderabad. Additionally, the court sought detailed reports from the Commissioner, Hyderabad Division, regarding land allotments to ensure compliance with legal directives and to address any potential encroachments. This case exemplifies the High Court's role as the custodian of justice, ensuring that legal rights are upheld with a keen focus on procedural fairness and substantive justice. Trending keywords associated with this case include 'property disputes in Sindh', 'Specific Relief Act 1877', 'Sindh High Court decisions', 'declaratory decree Pakistan', and 'administration of justice'. The ruling serves as a crucial reference for ongoing and future litigations involving land titles, contractual obligations, and the enforcement of legal rights, highlighting the court's authority to oversee and rectify judicial discrepancies effectively. By reinforcing the necessity for active judicial consciousness and the non-mechanical admission of suits, this decision ensures that the principles of equity and justice are diligently upheld, thereby fostering a fair and transparent legal environment. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Sindh,
Revenue Employees Cooperative Society Ltd. Hyderabad,
Deputy District Attorney,
Commissioner, Hyderabad Division
|
| Judges |
Syed Hasan Azhar Rizvi,
Salahuddin Panhwar
|
| Lawyers |
M.M. Aqil Awan,
Allah Bachayo Soomro
|
| Petitioners |
Other Petitioners,
Allah Dino
|
| Respondents |
Ali Muhammad,
Other Respondents
|
| Citations |
2016 SLD 2241,
2016 YLR 890
|
| Other Citations |
PLD 1993 SC 147,
Mansab Ali v. Amir and 3 others PLD 1971 SC 124,
PLD 2007 Kar. 392,
2010 SCMR 115,
1999 SCMR 146,
1999 SCMR 16,
2001 SCMR 1822
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code, 1908,
Constitution of Pakistan, 1973
|
| Sections |
42,
12,
18,
25,
39,
Order VII Rule 11,
Article 174,
Article 203
|