| Case ID |
22448f43-a3a5-41bc-943d-21c90f61bad1 |
| Body |
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| Case Number |
Writ Petition No. 783 of 2016 |
| Decision Date |
Mar 07, 2016 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by the petitioners challenging the order of the learned Civil Court regarding the auction of certain properties. The Court upheld the provisions of the Partition Act, 1893, stating that co-sharers have the right to bid in the auction without needing the permission of the executing court. The court emphasized that the special law of the Partition Act prevails over the general provisions of the Civil Procedure Code, allowing the petitioners to participate in the auction. The court also clarified that while the petitioners could bid, they would not receive preferential treatment over other bidders. |
| Summary |
In the case of Writ Petition No. 783 of 2016, the Islamabad High Court addressed the complexities surrounding the auction of properties owned jointly by heirs following the death of Ch. Noor Muhammad. The petitioners, comprising his sons and daughters, contested the Civil Court's order to auction properties instead of allowing private sale among the heirs. The Court examined the applicability of the Partition Act, 1893, and Civil Procedure Code, ultimately allowing co-sharers to bid in the auction without prior permission from the court. This decision underscored the precedence of special laws over general laws, ensuring the preservation of rights for all parties involved. The ruling highlights important keywords such as 'partition', 'co-sharers', 'auction rights', and 'legal inheritance', which are essential for understanding property rights and inheritance laws in Pakistan. |
| Court |
Islamabad High Court
|
| Entities Involved |
Ch. Noor Muhammad
|
| Judges |
Miangul Hassan Aurangzeb
|
| Lawyers |
Raja Shahid Masood,
Mr. Jamal Khan,
Mr. Tauqeer Ahmad
|
| Petitioners |
Muhammad Zulfiqar,
Muhammad Shoaib,
Mst. Zahida Nadeem,
Mst. Shazia Jameel
|
| Respondents |
Muhammad Zahid,
Additional District Judge (West), Islamabad
|
| Citations |
2016 SLD 2329,
2016 PLD 91,
2016 PLJ 401
|
| Other Citations |
Israr Muhammad Khan v. Senior Civil Judge, Lahore 1990 SCMR 693,
Shahid Ali v. Aziz Fatima PLD 2010 SC 38,
Mst. Khatoon v. Siddiq Muhammad, 1981 CLC 409,
Ilahi Noor and others v. Muhammad Din PLD 1977 SC 634,
Khusheed Begum v. Inam-ur-Rehman PLD 2009 Lah. 552,
Federal Bank for Cooperatives v. Ehsan Muhammad 2004 SCMR 130,
Atta Ullah v. Sami Ullah 2007 SCMR 289,
Iqbal Hussain v. Government of Azad J&K PLD 1974 Azad J&K 67
|
| Laws Involved |
Pakistan Penal Code, 1860,
Civil Procedure Code (V of 1908),
Partition Act (IV of 1893)
|
| Sections |
2,
3,
6(2),
7,
O.XXI,Rr.66,
72,
2,
3,
6(2),
7
|