| Case ID |
2e5a438a-1232-4f8f-901c-c9e9b08858d3 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.22 of 2006 |
| Decision Date |
Mar 29, 2013 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as it was determined that the execution petition was filed correctly and the concurrent findings of the lower courts were upheld. The courts found that the land in dispute was in the possession of another person, and the objections raised against the execution petition were not substantiated. No misreading or non-reading of evidence was pointed out, and the order of the learned District Judge Mirpur was maintained. The findings were in accordance with law, and no reason was found to interfere with the decisions of the lower courts. |
| Summary |
This case involves a civil appeal concerning the execution of a decree for immovable property under the Civil Procedure Code. The appellant, Muhammad Naseer Bashir, sought to enforce a decree for specific possession of land but faced resistance from Arshad Mahmood, who claimed bona fide possession of the property. The execution petition was dismissed by the lower courts, which found that the land in question was not in the possession of the judgment-debtor and that the objections raised were not valid. The appeal was ultimately dismissed by the High Court, confirming the decisions of the courts below. This case highlights the principles of law regarding execution of decrees and the protections afforded to bona fide claimants under the Civil Procedure Code, particularly focusing on the execution proceedings and the concurrent findings of lower courts. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SARDAR ABDUL HAMEED KHAN, J
|
| Lawyers |
Raja Hassan Akhtar,
Ch. Muhammad Afzal
|
| Petitioners |
MUHAMMAD NASEER BASHIR
|
| Respondents |
5 others,
ARSHAD MAHMOOD
|
| Citations |
2015 SLD 1507 = 2015 MLD 276
|
| Other Citations |
1991 SCMR 2457,
1996 CLC 2600,
PLD 1994 Peshawar 157,
AIR 1954 Allahbad,
1998 MLD 2018,
200 YLR 1918
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXI, R. 35,
O. XXI, R. 99,
S. 47
|