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IFTIKHAR AHMED vs BASHIR AHMED S — 2022 YLR 2002 Gilgit-Baltistan Chief Court

Case information

Citation
2022 YLR 2002 Gilgit-Baltistan Chief Court
Year
2022
Reporter
YLR
Parties
IFTIKHAR AHMED vs BASHIR AHMED S
Subject matter
Civil
Provisions referred to
S. 12

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

IFTIKHAR AHMED VS BASHIR AHMED S. 12(2)---Bar to further suit---Sine die adjournment of execution petition---Scope---Plaintiffs instituted a suit before the Trial Court against defendant for declaration and recovery of possession of suit land---During the proceedings before Trial Court, parties to the suit entered into compromise and compromise decree was passed---Applicants/intervenors filed an application under S. 12(2), C.P.C. for setting aside of the compromise decree---On filing of the application, the plaintiffs filed an objection petition before the Executing Court seeking sine die adjournment of execution petition till disposal of the application---Trial Court adjourned the execution petition whereas appellate court set aside the order passed by Executing Court---Validity---Plaintiff in response to the application under S.12(2), C.P.C., had admitted that the decree was obtained on the basis of mala fide and non-inclusion of applicant in application under S. 12(2), C.P.C., despite the fact that they were entitled to inherit shari share---Order passed by Executing Court was a result of correct appreciation of law and material available on file---Revision petition was allowed and order passed by appellate court was set aside.

Other judgments reported in 2022 YLR

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