MUHAMMAD SHERIN vs ZIARAT KHAN Ss — 2025 CLC 664 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 CLC 664 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: CLC
Parties: MUHAMMAD SHERIN vs ZIARAT KHAN Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

MUHAMMAD SHERIN VS ZIARAT KHAN Ss. 8, 42 & 54---Civil Procedure Code (V of 1908), O.XXVI, R. 9---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Commission to make local investigation---Scope---Frivolous petitions---Costs, imposing of---Suit for possession, declaration and permanent injunction was filed by respondents/plaintiffs in which petitioners/defendants claimed that Trial Court did not have territorial jurisdiction over the matter---Trial Court considering objection of petitioners/defendants appointed local commission to ascertain about ground position of disputed property as to whether it was situated in the area falling within the jurisdiction of Trial Court---Validity---Respondents/plaintiffs were unnecessarily dragged up till the High Court through frivolous petitions with a calculated effort to delay the matter, at very initial stage---High Court declined to interfere in the order passed by Trial Court and imposed costs upon petitioners/defendants---Constitutional petition was dismissed, in circumstances.

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