ADEEL ZAHOOR MALIK vs ABDUL SATTAR SHAIKH S — 2023 YLR 187 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 187 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: ADEEL ZAHOOR MALIK vs ABDUL SATTAR SHAIKH S
Subject matter: Civil
Provisions referred to: S. 3---P; S. 3; Illegal Dispossession Act

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

ADEEL ZAHOOR MALIK VS ABDUL SATTAR SHAIKH S. 3---Prevention of illegal possession of property---Dispossession on court's order---Effect---Petitioners assailed the dismissal of their complaint under S. 3 of the Illegal Dispossession Act, 2005---Petitioners' claim was that they were dispossessed from the subject premises by the Official Assignee---Official Assignee was directed by a competent court of law for taking re-possession of subject matter premises---Legality or competence of the Civil Court in issuing such directions could not be discussed by High Court while exercising criminal jurisdiction but what could safely be said was that such action of 're-possession' was under a lawful authority, hence, no offence within meaning of S. 3 of Illegal Dispossession Act, 2005, was made out---Possession was taken within the spirit of judgment passed in the civil suit, therefore, the complaint was rightly dismissed---Revision application was dismissed.

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