NASEEM AHMED MALIK vs SAEED IQBAL O — 2022 MLD 1328 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1328 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: NASEEM AHMED MALIK vs SAEED IQBAL O
Subject matter: Civil

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

NASEEM AHMED MALIK VS SAEED IQBAL O.VII, R.11---Rejection of plaint---Scope---Appellants assailed the dismissal of their application under O.VII, R.11, C.P.C. for rejection of plaint---Validity---Parties had settled their respective claim by virtue of a compromise decree passed in earlier suit---Main grievance of respondents in the present suit was that since the compromise decree was not implemented, hence, they were compelled to file the suit---All the properties mentioned in the compromise decree were not transferred/mutated as envisaged in the compromise decree---Nothing contrary was placed on record by the appellant to show that compromise decree had been executed---Where compromise decree was either violated or one of the parties through their inaction had attempted to frustrate the compromise, then those beneficiaries whose interest was prejudiced could file fresh proceedings---Compromise decree should have been executed and implemented long time back because it related to distribution of inheritance amongst legal heirs, which was to be given preference over ordinary matters, being a requirement and command of Sharia Law---No illegality was found in the impugned order---Appeal was dismissed.

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