ATTA MUHAMMAD vs SARFARAZ S — 2022 YLR 2154 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 2154 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: ATTA MUHAMMAD vs SARFARAZ S
Subject matter: Criminal
Provisions referred to: S. 5---D

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

ATTA MUHAMMAD VS SARFARAZ S. 5---Delay, condonation of---Appeal filed after withdrawal of execution petition---Law favours vigilant not indolent---Suit for declaration and permanent injunction with averments that petitioners/plaintiffs were lawful owners of Shamilat land; that said land was still un-partitioned amongst co-sharers (except one of plots); that petitioners were land owners since their forefathers; that property under consideration of Highway Authorities for construction/passing road through, belonged to seven tribes; that petitioners were entitled to get amount of compensation according to their respective shares---Suit was partly allowed by Trial Court---Petitioner's appeal against judgement/decree of Trial Court as well as application accompanied thereto for condonation of delay were dismissed by appellate Court---Validity---Petitioners first filed execution application before executing Curt which was withdrawn due to fact that decree so passed could not serve the purpose as full relief sought by petitioners was not decreed in their favour---After withdrawal of execution application they preferred appeal along with application for condonation of delay---Petitioner had failed to explain the delay of each and every day with sufficient cause---Revision petition was dismissed accordingly.

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