GHULAM MUSTAFA vs MUHAMMAD AYOUB Ss — 2022 MLD 1356 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 1356 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: GHULAM MUSTAFA vs MUHAMMAD AYOUB Ss
Subject matter: Civil
Provisions referred to: S. 47---S; S. 47; Civil Procedure Code (V of 1908); Civil Procedure Code

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

GHULAM MUSTAFA VS MUHAMMAD AYOUB Ss. 39, 42 & 54---Civil Procedure Code (V of 1908), S.47---Suit for cancellation of document, declaration and injunction---Execution of decree---Principle---Failure to execute decree---Petitioner/judgment debtor was aggrieved of order issued by Executing Court to hand over vacant possession of suit property or price of land to legal heirs of deceased decree holder---Validity---Executing Court only was competent under S.47, C.P.C., to execute decree as it was but had no authority to go behind the decree---Decree had attained finality and it was to be executed accordingly---Decree could be enforced by any of the modes authorized by Civil Procedure Code, 1908---Executing Court was to provide assistance to decree holder for execution of decree---Executing Court while executing decree had to determine how and in what manner decree was to be executed---Technicalities were not be hurdle in way of execution of decree---Petitioner/judgment debtor failed to point out any illegality in orders passed by two Courts below---Revision was dismissed, in circumstances. Head NotesCase Description

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