Mst. HUSSNA BIBI vs UBAID-UR-REHMAN S — 2022 CLC 163 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 CLC 163 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: CLC
Parties: Mst. HUSSNA BIBI vs UBAID-UR-REHMAN S
Subject matter: Civil
Provisions referred to: S. 47---E

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

Mst. HUSSNA BIBI VS UBAID-UR-REHMAN S.47---Executing Court, power of---Scope---Petitioner being guardian of minors/respondents sold the property/house of deceased father of the respondents---Trial Court revoked guardianship and directed the petitioner to deposit the share of the minors in Court against the sale consideration---Decree was upheld by District Court and High Court---Petitioner contended in objection petition that share of the minors was not properly determined---Held, that issue had already been determined in the earlier round of litigation up to High Court---Re-agitating the matter through objection petition was obviously mala fide---Executing Court had no mandate to re-adjudicate upon the legality and proprietary of a decree for which the objector had other avenues---Revision petition was dismissed with cost of Rs.50,000/- to be recovered by executing Court. Head Notes

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