MUHAMMAD YOUSAF ZAHEER vs ADDITIONAL DISTRICT JUDGE S — 2024 CLC 664 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD YOUSAF ZAHEER VS ADDITIONAL DISTRICT JUDGE S. 13---Civil Procedure Code (V of 1908), O.XXI---Enforcement of family decree---Execution petition---Attachment of immoveable properties vehicle(s)/car(s) owned by the judgment-debtor---Auction proceedings---Mode and procedure---Scope---When car was not found for attachment, the petitioner was directed by the Executing Court to produce said vehicle, failing which, Robkar was directed to be issued to the concerned In-charge Anti-Car Lifting Cell for locating whereabouts of said car and to take over possession thereof---Later, not only concerned SHO was directed to produce said car, but warrants of attachment of another owned car were also issued---Petitioner / judgment-debtor agitated the mode and procedure adopted by the Executing Court for satisfaction of the decree---Validity---Section 13 of the Family Courts Act, 1964, deals with enforcement of decree passed by the Family Court---Family Court and the Civil Court are at the same pedestal for the purpose of execution of decree, so in that capacity a "Family" or "Civil" Court enjoys all powers of the executing court vested in Part II as well as O.XXI of the Civil Procedure Code, 1908---Petitioner by his own conduct, was delaying the satisfaction of the decree to deprive his ex-wife and his kids of the fruits of the decree---Executing Court was justified to pass the orders which were rightly maintained by the Appellate Court---Constitutional petition was dismissed, in circumstances. Citation Name: 2024 CLC 664 LAHORE-HIGH-COURT-LAHORE MUHAMMAD YOUSAF ZAHEER VS ADDITIONAL DISTRICT JUDGE S.13---Civil Procedure Code (V of 1908), O.XXI---Enforcement of family decree---Execution petition---Attachment of immoveable properties vehicle(s)/car(s) owned by the judgment-debtor---Auction proceedings---Mode and procedure---Conduct of the judgment-debtor---Relevance---When car was not found for attachment, the petitioner was directed to produce said vehicle, failing which, Robkar was directed by the Executing Court to be issued to the concerned In-charge Anti Car Lifting Cell for locating whereabouts of said car and to take over possession thereof---Later, not only concerned SHO was directed to produce said car, but warrants of attachment of another owned car were also issued---Petitioner / judgment-debtor agitated the mode and procedure adopted by the Executing Court for satisfaction of the decree---Validity---Conduct of the petitioner was very much relevant in the controversy in hand---Decree involved maintenance allowance of petitioner's own kids and pertained to the year 2012 but he had not bothered to satisfy the same on his own, rather he had been consistenly made efforts to frustrate execution proceedings to avoid satisfaction thereof---Petitioner time and again choose to set in field tactics to handicap proceedings conducted for auction of his immoveable property and had not even hesitated to put up every effort for bringing even custody of his attached vehicles in absolute disguise---Thereafter, the Executing Court initiated process for attachment and auction of his aforementioned immoveable property and vehicles---Said circumstances existing in the present case lead to an irresistible conclusion that the petitioner was capable of satisfying the subject decree, but he deliberately and intentionally was avoiding to do so, forcing even his own kids to starve---Person showing such a callous attitude, in particular, towards discharge of his parental obligation was not entitled for any discretionary relief and so was the case with a person who himself was not ready to follow and comply with the law---Executing Court was justified to pass the orders which were rightly maintained by the Appellate Court---Constitutional petition was dismissed, in circumstances.

MUHAMMAD YOUSAF ZAHEER vs ADDITIONAL DISTRICT JUDGE S — 2024 CLC 664 LAHORE-HIGH-COURT-LAHORE

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