| Case ID |
e143526a-77aa-4e96-b899-c9de18400a2a |
| Body |
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| Case Number |
C.P. No. D-64 of 2006 |
| Decision Date |
May 02, 2006 |
| Hearing Date |
|
| Decision |
The constitutional petition filed by Mst. Sikandar Bibi was dismissed by the Sindh High Court. The petitioner challenged the judgments and decrees passed by the lower courts regarding her claim over the property. The court found that the petitioner had an available remedy under Section 115 of the Civil Procedure Code, which she did not pursue without valid reason. The court emphasized that the constitutional jurisdiction under Article 199 of the Constitution cannot be invoked when there is an adequate alternate remedy available. The court upheld the findings of the lower courts, which were based on proper appreciation of evidence, and thus deemed the petition without merit. |
| Summary |
The case of Mst. Sikandar Bibi vs. Rao Muhammad Jameel revolves around a property dispute where the petitioner sought a declaration of ownership over a piece of property she claimed was gifted to her by her husband. The petitioner filed a constitutional petition after her suit was dismissed by the trial and appellate courts. The High Court found that adequate legal remedies were available to the petitioner, and it was inappropriate to bypass these remedies. The court ultimately dismissed the petition, reinforcing the principle that constitutional jurisdiction should not be utilized when statutory remedies are accessible. Key laws involved include the Specific Relief Act, Civil Procedure Code, and the Constitution of Pakistan. This case highlights the importance of adhering to procedural remedies in legal disputes and the limitations of constitutional petitions. Keywords related to property law, constitutional petitions, and civil procedure are significant for understanding the legal context of the case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER JAMALI,
MUHAMMAD ATHAR SAEED
|
| Lawyers |
Ataullah Khan,
Saathi M. Ishaque
|
| Petitioners |
Mst. Sikandar Bibi
|
| Respondents |
2 others,
Rao Muhammad Jameel
|
| Citations |
2006 SLD 2993,
2006 PLD 661
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
8,
39,
42,
54,
115,
199
|