SAID ALI vs NOOR ALI S — 2021 MLD 1023 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 1023 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: SAID ALI vs NOOR ALI S
Subject matter: Civil
Provisions referred to: S. 8---C; S. 47---D; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAID ALI VS NOOR ALI S.8---Civil Procedure Code (V of 1908), S.47---Decree, interpretation of---Executing Court--- Powers---Compromise deed---Respondent-plaintiff filed suit for recovery of possession of house in question and the same was decreed on the basis of compromise deed---Validity---Executing Court was to follow decree and in no circumstances could go beyond the decree---Decree could not be interpreted as per the whims and wishes of decree holder or judgment debtor---Order of Executing Court was in consonance with judgment / order of Trial Court---Executing Court rightly issued warrants of possession against judgment debtor---Terms and conditions of compromise deed could be got executed in whose favour the same might be, amongst the parties, the same was to be executed in letter and spirit which could be pressed into service by decree holder or by judgment debtor---Constitutional petition was dismissed, in circumstances.

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