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Citation Name: 2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NASIR-UL-ISLAM KHAN vs ZAKIA BEGUM S — 2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLC
Parties
Citation Name: 2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NASIR-UL-ISLAM KHAN vs ZAKIA BEGUM S
Subject matter
Civil
Provisions referred to
S. 47---E

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

Citation Name: 2024 CLC 2123 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NASIR-UL-ISLAM KHAN VS ZAKIA BEGUM S. 47---Execution petition---Subsequent purchaser(s), non-impleading of---Scope---After culmination of proceedings upto the Supreme Court, the decree-holders initiated execution proceedings---Appellants (judgment-debtors) assailed order passed by the Executing/Trial Court whereby their objection was over-ruled--- Contention of the appellants was that as the suit-properties had already been sold out, the decree-holders had not impleaded the bona fide purchasers---Validity---Record revealed that in the entire proceedings since filing of suit till passing of judgment passed by High Court and the Supreme Court, nowhere an objection was raised by the appellants that the suit -properties had been sold out to the bona fide purchasers rather the same was concealed by the appellants and their predecessor-in-interest---Hence, non-arraying of the strangers or so called bona fide purchasers by the respondents /(decree-holders/ execution-petitioners) had no force---Said objection / point was neither agitated nor brought in the notice during the entire proceedings before the Courts---Once objections had not been taken at the initial stage before the Trial Court they could not be taken subsequently, particularly at the time of execution of decree---No material illegality or irregularity had been noticed in the impugned order passed by the Executing Court to be interfered by the High Court---Appeal filed by the judgment-debtor, being merit-less, was dismissed.

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