| Case ID |
43c2aed4-81f4-44da-a84d-fc43ac6900d9 |
| Body |
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| Case Number |
Civil Revision No.468 of 2003 |
| Decision Date |
May 06, 2003 |
| Hearing Date |
May 06, 2003 |
| Decision |
The Lahore High Court directed that the status quo be maintained at the site of the property in dispute, ensuring that whichever party is currently in possession should not be disturbed by the opposing side. The court emphasized that both parties were claiming possession, thus necessitating a careful resolution of the matter. Furthermore, the court ordered the trial court to expedite the disposal of the case based on merits within a specified timeframe, ideally within one year. The court acknowledged the arguments presented by both the petitioner's and respondent's counsel, confirming the importance of adhering to the legal principles surrounding property rights and the validity of gifts made under the relevant laws. |
| Summary |
In the case of Civil Revision No.468 of 2003, the Lahore High Court addressed a dispute between BASHIR AHMAD and RIZWAN SAEED regarding the possession of a suit property. The crux of the matter revolved around claims of ownership and possession, with both parties asserting their rights over the disputed land. The court, under the provisions of the Civil Procedure Code, particularly O. XXXIX, Rr.1 & 2, emphasized the necessity to maintain the status quo to prevent any party from being unjustly disturbed during the litigation process. This case highlights the legal intricacies involved in property disputes, particularly the implications of gift deeds and the validity of power of attorney. The ruling also reflects the court's commitment to ensuring that cases are resolved based on merits and within a reasonable timeframe, thus promoting judicial efficiency and fairness. For those interested in property law, this case serves as a significant reference point, showcasing the application of civil procedure rules in protecting the rights of parties involved in property disputes. Keywords such as 'property rights', 'gift validity', and 'civil procedure' are essential for understanding the broader implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR PARACHA, J
|
| Lawyers |
Zafar Iqbal Chohan,
Mian Ijaz Hussain
|
| Petitioners |
BASHIR AHMAD
|
| Respondents |
RIZWAN SAEED
|
| Citations |
2004 SLD 1843 = 2004 CLC 857
|
| Other Citations |
Mst. Shamail Begum v. Gulzar Begum and 3 others 1994 SCMR 818,
Muhammad Aslam and another v. Muhammad Azeem and 2 others 2000 MLD 893
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXXIX, Rr.1 & 2
|