Mst. SAIRA vs FARYAD KHAN Ss — 2022 MLD 1369 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 MLD 1369 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: MLD
Parties: Mst. SAIRA vs FARYAD KHAN Ss
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

Mst. SAIRA VS FARYAD KHAN Ss.114 & 152---Review---amendment of judgments, decrees or orders---Scope---Petitioners/Plaintiffs filed suit for declaration and possession being share holders in the suit land---Co-sharers had sold out some portion of suit land to other defendants before filing of the suit, although they were not entitled to sale out the common land/inheritance---Trial Court had rightly declared sale of share in legacy of petitioners to other defendants as without lawful authority---after declaring the sale to be void ab initio there was no option before the Trial Court except to grant decree as prayed for against all defendants but the Trial Court had only passed decree against the co-sharers---Petitioners' application for review of judgment was dismissed being without jurisdiction and against the own findings of the Trial Court which was not legally maintainable in the eyes of law---Writ petition as well as review petition was accepted.

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