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Dr. FARAH SOHAIL vs Dr — 2024 CLC 1753 ISLAMABAD

Case information

Citation
2024 CLC 1753 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
Dr. FARAH SOHAIL vs Dr
Subject matter
Civil
Provisions referred to
S. 4---C; S. 35; Civil Procedure Code (V of 1908); Litigation Act; Specific Relief Act (I of 1877)

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

Dr. FARAH SOHAIL VS Dr. FOUZIA HUMAYUN S.4---Civil Procedure Code (V of 1908), S. 35(1)(iii) [as amended by Costs of Litigation Act, 2017]---Specific Relief Act (I of 1877), Ss. 42 & 54---Capital Development Authority Property Manual, Chapter-VI, Clause 9---Suit for declaration, injunction and partition of dwelling house---Joint property---Auction of shares---Appellant / defendant assailed preliminary decree passed by Trial Court on the plea that shares in suit property could not be auctioned---Validity---Jointly owned property can be transferred by one of the co-allottees under Clause 9 in Chapter-VI of Capital Development Authority Property Manual, to the extent of his share without consent of other co-allottees---Even if suit houses were considered as an indivisible whole, the transfer of shares of appellant and respondents was permissible and transfer of such shares was also permissible---There was no lawful impediment for transfer of shares through auction---Auction purchaser of shares of respondents in suit house, which was over 50% of suit property, was bound by private partition carried out and acted upon by predecessor-in-interest of parties---High Court imposed special costs upon appellant under S.35(1)(iii),C.P.C., as amended by Costs of Litigation Act, 2017, for his conduct, which was inequitable in denying possession of suit property to its co-owners who happened to be her real sisters and embroiling them in litigation---Appeal was dismissed, in circumstances.

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