MUHAMMAD RAFIQUE vs TASADAQ HUSSAIN Ss — 2022 MLD 1232 ISLAMABAD

Case information

Citation: 2022 MLD 1232 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD RAFIQUE vs TASADAQ HUSSAIN Ss
Subject matter: Civil
Provisions referred to: S. 5; Scope---Illegal Dispossession Act; Illegal Dispossession Act

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

MUHAMMAD RAFIQUE VS TASADAQ HUSSAIN Ss.3 & 5---Prevention of illegal possession of property---Investigation and procedure---Scope---Illegal Dispossession Act, 2005, is a special law intended to curb illegal dispossession and is not parallel to proceedings in a civil suit---No bar exists in simultaneous proceedings under the civil suit, criminal motion and the complaint under the Illegal Dispossession Act, 2005---Illegal Dispossession Act, 2005 specifically envisages time line for decision of the case---Under S.5(2) of the Illegal Dispossession Act, 2005, or upon taking cognizance of a case, the Court shall proceed with the trial on day to day basis and shall decide the same within sixty days and for any delay, sufficient reasons shall be recorded---Section 5(3) stipulates that the Court shall not adjourn the trial for any purpose unless such adjournments is, in its opinion necessary in the interest of justice and no adjournment shall be granted for more than seven days---Proceedings under Illegal Dispossession Act, 2005, are summary in nature to be concluded within sixty days and in case there is any delay, it is obligatory for the Court to record reasons in writing for such a delay while frequent adjournments are to be avoided.

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