NASREEN QADRI vs MIAN BUX S — 2024 YLR 1079 KARACHI-HIGH-COURT-SINDH

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NASREEN QADRI VS MIAN BUX S. 47--- Suit for removing encroachment--- Objection petition---Question relating to rights of claimant in attached property---Petitioner/plaintiff filed a suit against Government Officials and various persons including the objector for removing the encroachment made in the street, which was decreed, directing the officials to remove the encroachment---Appeal and civil revision thereagainst were filed but dismissed---Petitioner/plaintiff filed execution petition which was allowed---During the execution proceedings the objector moved objection petition that he had not encroached any part of the common passage/street as there was no regular street/common passage---Court framed certain issues by exercising purported jurisdiction under S. 47, C.P.C.---Validity---Mukhtiarkar Report submitted before the Tribunal and the finding given by the Tribunal had been upheld up to the Supreme Court---After exhausting all such remedies when the applicant/lady went for the implementation before the Tribunal, the Tribunal passed the impugned Order---Reason for exercising jurisdiction under S. 47 of C.P.C., was mentioned in paras. 5 & 6 of the impugned Order, that since Supreme Court had given the observation about declaration of title of the objector, thus the Tribunal took it upon itself to decide the same controversy; however, while doing so, it completely overlooked the fact that already that controversy had been decided by the Court, earlier preferred by the Objector against other persons in respect of his entitlement---Therefore, the view taken by the Tribunal with regard to invoking S. 47 of C.P.C. was erroneous and not a proper exercise of jurisdiction and was illegal---Consequently, the impugned Order was set-aside---Case was remanded to decide the application for implementation afresh.

NASREEN QADRI vs MIAN BUX S — 2024 YLR 1079 KARACHI-HIGH-COURT-SINDH

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