Haji AZIZ-UR-RAHMAN vs FAZAL WADOOD O — 2025 CLC 644 PESHAWAR-HIGH-COURT

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Haji AZIZ-UR-RAHMAN VS FAZAL WADOOD O.XXI, R. 35(2)---Execution of decree---Duty of executing court---Executing court cannot go beyond the decree and must execute it in its letter and spirit. Citation Name: 2025 CLC 644 PESHAWAR-HIGH-COURTBookmark this Case Haji AZIZ-UR-RAHMAN VS FAZAL WADOOD O.XXI, R. 35(2)---Execution of decree---Duty of executing court---Executing court cannot go beyond the decree and must execute it in its letter and spirit. Citation Name: 2025 CLC 644 PESHAWAR-HIGH-COURTBookmark this Case Haji AZIZ-UR-RAHMAN VS FAZAL WADOOD O.XX, R.14 & O.XXI, R. 35(2)---Execution of decree in pre-emption suit---Mode of execution and delivery of possession---Plea of joint possession in objection petition---Executing Court passed order of symbolic possession in favour of petitioner/decree-holder---Contention of the petitioner was that since the matter pertained to decree in pre-emption suits, thus, instead of symbolic possession order of physical possession should have been passed---Validity---Pre-emption decrees must be formulated and executed as per the specific provision of O.XX R.14, C.P.C.---Title of the petitioner/decree holder in respect of the pre-empted properties accrued from the date on which payment of the purchase and costs (if any) was made by him in accordance with the terms of the decrees passed in his favour under the provisions of O.XX R.14, C.P.C. and on the basis of such title, accrued to him, he was entitled to the delivery of physical possession of the properties in question from the respondents/judgment-debtors including any other person, who happened to possess and maintain such properties on their behalf---Question of symbolic possession could arise only when the suit was decreed for possession in terms of O.XX1, R.35(2), C.P.C. which was certainly not the case of the petitioner as the suits were for possession through pre-emption and the same had rightly been decreed by the trial court in terms of O.XX, R.14, C.P.C. and the same were required to be executed in letter and spirit---Constitutional petitions were allowed, in circumstances.

Haji AZIZ-UR-RAHMAN vs FAZAL WADOOD O — 2025 CLC 644 PESHAWAR-HIGH-COURT

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