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FEROZ BARI vs Syed AYAZ HUSSAIN S — 2023 PLD 263 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PLD 263 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PLD
Parties
FEROZ BARI vs Syed AYAZ HUSSAIN S
Subject matter
Civil
Provisions referred to
S. 12---C; S. 47---S; Civil Procedure Code (V of 1908)

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

FEROZ BARI VS Syed AYAZ HUSSAIN S. 12---Civil Procedure Code (V of 1908), S. 47---Suit for specific performance---Questions to be determined by the court executing decree---Relocation of suit property---Scope---Defendant in a suit for specific performance of agreement to sell objected to the execution proceedings on the ground that the suit property had been relocated by the housing society, as such, the Executing Court could not order for the transfer of relocated property to the plaintiff---Held; it was not the case of the defendant that the property did not exist at all or the number of the property (later adjusted with the relocated property) was incorrect---Technicalities of law could not obstruct the way of justice as the rules and procedure are framed to foster the cause of justice and not otherwise---Executing Court had the power to interpret the decree considering the judgment---Constitutional petition was dismissed.

Other judgments reported in 2023 PLD

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