Raja ABDULLAH KHAN vs Raja LIAQAT ALI KHAN Ss — 2022 YLR 1271 Gilgit-Baltistan Chief Court

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Raja ABDULLAH KHAN VS Raja LIAQAT ALI KHAN Ss. 18 & 30---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Land acquisition---Interlocutory order, value of---Application for status quo order annexed with suit for declaration---Respondents/plaintiffs claimed that they were owners of property in dispute; that petitioner/defendant prepared award in his name in collusion with other defendants and received compensation amount of Rs.400,000/-; that plaintiffs were entitled for their share amounting Rs.321,122.24/- as co-sharers in said property---Court had passed impugned order granting ad-interim status quo with direction to respondents/defendants (other than the petitioner) for preparation of award for land effected during construction of road; and further directed to submit the compliance report on date adjourned---Petitioner contended that Court had no jurisdiction to pass ex-part ante status quo order without extending a right of defense to defendants; that trial Court started trial partially without asking the petitioner to file written statement; that Court passed ex-parte order on first hearing; that vires of an Award prepared under Land Acquisition Act, 1894, could be assailed through a reference under Ss. 18 & 30 of the said Act, that Civil Court had no jurisdiction to entertain suit challenging an award made by Collector---Validity---Suit was filed during winter vacations---Trial Court/duty judge issued notice on same day for attendance of respondents and fixed the date of the case prevailing the status quo---Petitioner (contesting defendant) was absent---Order sheet was silent about service of summons on petitioner---Other defendants/respondents were present who filed written statement---Trial Court heard the argument on the same day in absence of petitioner and granted ex-parte decree under mischief of the injunction order and further directed the Collector to make award in favour of plaintiff and submit compliance report on next date of hearing---All proceedings were carried against provisions of Civil Procedure Code, 1908---Neither any directions were made to petitioner for submission of written statement nor any action taken under O. VIII, R. 10 of Civil Procedure Code, 1908---Impugned order maintained status quo but in the same breath directed the respondents to make changes in revenue record and make award in name of plaintiffs which was ante status quo---Impugned order amounted to a decree which could not be passed without hearing of parties, after framing of issues and procuring the evidence---Trial Court converted the decree into execution petition by issuing continuous orders for compliance of impugned judgment/order---Revision petition was allowed; impugned order was set aside; Trial Court was directed to proceed further after obtaining written statement and respondents were restrained to make changes in revenue record till final disposal of suit.

Raja ABDULLAH KHAN vs Raja LIAQAT ALI KHAN Ss — 2022 YLR 1271 Gilgit-Baltistan Chief Court

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