Mst. SHAMEEM BEGUM vs Syed QAIM SHAH BUKHARI Ss — 2024 CLC 256 PESHAWAR-HIGH-COURT

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Mst. SHAMEEM BEGUM VS Syed QAIM SHAH BUKHARI Ss. 48, 115 & O.XXI---Decree, execution of---Limitation---Final judgment---Scope---Petitioner / judgment debtor was aggrieved of restoration of execution petition of respondent / decree holder by Lower Appellate Court, which was dismissed earlier---Validity---Mere fact that when a decree passed by Trial Court was being executed by Executing Court and during that period, Appellate Court had reversed judgment and decree of Trial Court and as a consequence thereof, execution was dismissed and when the decree of Trial Court was ultimately restored by Revisional Court or the apex Court, the first application so dismissed followed by the second application after the final judgment passed by the Superior Court would not be regarded as fresh application---Earlier application was never decided in accordance with manner and procedure provided under O. XXI, C.P.C., for satisfaction of decree through process of execution---Application submitted by respondent / decree holder on 23-07-2019 was not to be treated as a fresh application but was an application in continuation/revival of first application---Appeal was continuation of original proceedings before higher forum for the purpose of testing soundness of decision of lower court and for the purpose of execution, it was the final decree/order of the last court in the series, even if such decree etc. was of affirmation which had to be executed---First decree was passed by Trial Court on 26-01-2010 which was set aside by Lower Appellate Court but the same was affirmed by High Court on 26-11-2012 and on further appeal, Supreme Court had finally affirmed the same on 28-05-2018---For the purpose of execution, the period of limitation would start from the final judgment of Supreme Court as judgment of final Appellate Court---High Court declined to interfere in the order passed by Lower Appellate Court as execution filed by respondent /decree holder on 23-07-2019 was within time and not open to any exception---Revision was dismissed, in circumstances.

Mst. SHAMEEM BEGUM vs Syed QAIM SHAH BUKHARI Ss — 2024 CLC 256 PESHAWAR-HIGH-COURT

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