DEFENCE HOUSING AUTHORITY vs DISTRICT AND SESSIONS JUDGE, LAHORE S — 2023 MLD 339 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 339 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: DEFENCE HOUSING AUTHORITY vs DISTRICT AND SESSIONS JUDGE, LAHORE S
Subject matter: Civil
Provisions referred to: S. 47

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

DEFENCE HOUSING AUTHORITY VS DISTRICT AND SESSIONS JUDGE, LAHORE S. 47 & O. XXI---Question whether decree was executable---Ex-parte decree to transfer plots in view of 13 files---Objection petition on ground of calling the record and dismissal of execution petition---Objection petition was dismissed by Executing Court and appeal thereagainst was also dismissed by the District Court---Petitioner/ judgment debtor (Defence Housing Society) contended that no details of files were not given in the decree, so the same could not be implemented; that Executing Court, instead of providing details of alleged 13 files, issued direction to the State Bank and decree holders to provide the details of bank accounts of the present petitioner for attachment and submit Fard Taliqa---Held, that in agreement to sell of the predecessor in interest of the respondents/decree-holders, only 13 files had been mentioned without any detail---Details of the subject plots were neither mentioned in the agreement to sell nor in the plaint---Details had also not been furnished by the decree holders along with the execution petition or submitted thereafter---Forcing the present petitioner only on the basis of anonymous specification of plots to transfer in favour of the decree holder, would not appeal to prudent mind---Executing Court had to consider/determine that which plots were agreed to be transferred in favour of the decree holder(s) and whether the decree was executable or not, in the given circumstances--- Constitutional petition was allowed and Executing Court was directed to decide ancillary questions and determine whether the decree was executable or not.

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