| Case ID |
2cdd94b6-649c-493a-af85-dc1449c40713 |
| Body |
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| Case Number |
D-3079 of 2011 |
| Decision Date |
Sep 19, 2011 |
| Hearing Date |
|
| Decision |
The petition was dismissed as the petitioner failed to demonstrate any legal infirmity in the concurrent findings of fact by the lower courts. The High Court found no grounds for interference, as the petitioner did not show that the orders passed by the trial court or appellate court were perverse or patently incorrect. The court emphasized the finality of the judgments and decrees previously passed and dismissed the petition as meritless. |
| Summary |
This case revolves around the constitutional jurisdiction of the Sindh High Court concerning the execution of a decree and the validity of concurrent findings of fact by the lower courts. The petitioner challenged the orders passed by the trial court and the appellate court, asserting that the courts failed to appreciate evidence and misread it. However, the High Court upheld the decisions of the lower courts, highlighting that the petitioner did not provide substantial evidence to support claims of legal infirmities. The case underscores the importance of finality in judicial decisions and the limited scope for intervention by higher courts in matters of fact established by lower courts. Keywords include constitutional jurisdiction, specific performance, legal infirmity, judicial finality, and execution of decrees. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
GULZAR AHMED,
SALMAN HAMID
|
| Lawyers |
Muhammad Mushaffy
|
| Petitioners |
MIRZA SHAKEEL BAIG
|
| Respondents |
JAFFAR BAIG THROUGH LEGAL HEIRS AND OTHERS
|
| Citations |
2012 SLD 854,
2012 YLR 385
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Specific Relief Act, 1877
|
| Sections |
199,
12,
42
|