| Case ID |
20e8a7cc-b462-457a-bcf8-51db30fb012d |
| Body |
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| Case Number |
W.P.No. 783 of 2016 |
| Decision Date |
Mar 07, 2016 |
| Hearing Date |
|
| Decision |
The petition was dismissed by the Islamabad High Court, which upheld the order of the learned Civil Judge passed on 17.09.2015. The Court found that the objections raised by the respondents regarding the auction of the Suit Properties were valid as the properties could not be partitioned. The petitioners, who are the sons of the deceased Ch. Noor Muhammad, were found to be in occupation of the properties to the exclusion of their sisters, who were entitled to their respective shares of inheritance. Despite attempts to reach an amicable settlement, no agreement was achieved, and the Court emphasized the importance of conducting an open auction to determine the market value of the properties, allowing all co-sharers the opportunity to bid. |
| Summary |
The case revolves around the dismissal of a writ petition by the Islamabad High Court concerning the auction of two properties owned jointly by the heirs of Ch. Noor Muhammad. The petitioners contested the Civil Judge's order that directed the auction of the properties due to their indivisible nature. The court highlighted the rights of the sisters in the inheritance and allowed for an open auction, which is a crucial aspect of property disputes under the Partition Act, 1893. The ruling emphasizes the legal framework governing property division, co-ownership rights, and the importance of conducting auctions fairly among all heirs. The decision reinforces the legal principle that co-owners are permitted to bid for their properties in auction settings, ensuring equitable treatment of all heirs involved in the partition process. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MIANGUL HASSAN AURANGZEB, J
|
| Lawyers |
Mr. Jamal Khan,
Mr. Tauqeer Ahmad
|
| Petitioners |
Another,
Muhammad Zulfiqar
|
| Respondents |
Others,
Additional District Judge (West), Islamabad
|
| Citations |
2016 SLD 1952,
2016 IHC
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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