Mst. FIZZA vs FIDA HUSSAIN S — 2023 YLR 494 Gilgit-Baltistan Chief Court

Case information

Citation: 2023 YLR 494 Gilgit-Baltistan Chief Court
Year: 2023
Reporter: YLR
Parties: Mst. FIZZA vs FIDA HUSSAIN S
Subject matter: Civil
Provisions referred to: S. 144---; S. 144; 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

Mst. FIZZA VS FIDA HUSSAIN S. 144--- Qanun-e-Shahadat (10 of 1984), Art.114--- Application for restitution---Estoppel---Scope---Petitioners assailed concurrent orders of courts below whereby the respondent's application under S. 144, C.P.C., was allowed---Validity---Petitioners had got share of their mother from the legacy of their maternal grandfather on the strength of judgments/decree of courts below which were set aside by the Chief Court on a technical ground---Petitioners were entitled to retain the suit property till disposal of their suit---Respondent had earlier filed an application for restitution/possession under S.47, C.P.C., which was unconditionally withdrawn, hence, he was estopped by his conduct and admission to file fresh petition for restitution/possession of suit land---Revision petition was allowed and the impugned orders were set aside. Head NotesCase Description

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