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Syed NASEEM AGHA vs SHUJA UD DIN KASI S — 2021 PLD 206 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 206 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
Syed NASEEM AGHA vs SHUJA UD DIN KASI S
Subject matter
Civil
Provisions referred to
S. 75

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

Syed NASEEM AGHA VS SHUJA UD DIN KASI S. 75 & O. XXVI, R. 1---Suit for declaration, possession and permanent injunctions---Local Commission, appointment of---Case at initial stage---Dispute to the extent of only possession as owners---Authenticity/genuineness of mutation entries---District Court in revisional jurisdiction set aside order of Trial Court for appointment of Commission---Validity---Neither issues were framed nor the parties had led any evidence---At such initial stage, the authenticity/genuineness of the mutation entries of respondents could only be determined/ established before the Civil Court through full-fledged inquiry/scrutiny, that too after providing the full opportunity of hearing to both the parties before the Trial Court---At such initial stage the genuineness/ authenticity could not be determined through the appointment of the local commission---No bar on filing a second application for appointment of local commission---Constitutional petition was dismissed accordingly.

Other judgments reported in 2021 PLD

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