Mrs. NIGHAT NAEEM vs KARACHI DEVELOPMENT AUTHORITY S — 2025 CLC 858 KARACHI-HIGH-COURT-SINDH

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Mrs. NIGHAT NAEEM VS KARACHI DEVELOPMENT AUTHORITY S. 47---Constitution of Pakistan, Arts. 24 & 199---Execution of decree---Executing Court---Powers---Plaintiffs filed a suit challenging the action of the defendant (Karachi Development Authority/KDA) cancelling the plots allotted to them (plaintiffs), which suit was decreed as prayed for, and said decree was maintained upto High Court---Later, the Executing Court declined the plea of execution petitioners (plaintiffs/decree-holders) for restoration of possession in respect of the suit-property---Only reason/factor weighed with the Executing Court for disallowing the prayer of possession of the petitioners, was that specific plea of possession was not sought in the suit, and Executing Court could not go beyond the decree---Revisional Court maintained the said order---Validity---Since valuable rights and interest had accrued to the petitioners and rights being proprietary rights were protected by the Art. 24 of the Constitution thus, the relief of possession should have been granted by the Courts below which had not properly exercised the jurisdiction vested in them, resulting in hardship and injustice to the petitioners, which could be corrected in the constitutional jurisdiction---High Court set-aside both impugned decisions passed by Revisional/District Court as well as Executing Court and directed the respondents (Karachi Development Authority) to handover the peaceful physical possession of the subject-property forthwith to the petitioners---Constitutional petition, was allowed accordingly. Citation Name: 2025 CLC 858 KARACHI-HIGH-COURT-SINDHBookmark this Case Mrs. NIGHAT NAEEM VS KARACHI DEVELOPMENT AUTHORITY S. 47---Constitution of Pakistan, Art. 199---Execution of decree---Executing Court---Powers---Plaintiffs filed a suit challenging the action of the defendant (Karachi Development Authority/KDA) cancelling the plots allotted to them (plaintiffs), which suit was decreed as prayed for and was maintained upto High Court---Later, the Executing Court declined the plea of execution petitioners (Plaintiffs/decree-holders) for restoration of possession in respect of the suit-property---Only factor which weighed with the Executing Court for disallowing the prayer of possession of the petitioners, was that specific plea of possession was not sought in the suit, and the Executing Court cannot go beyond the decree---Revisional Court maintained the said order---Validity---High Court being a court of record with powers of supervision and correction of the orders passed by the inferior Courts cannot be said to be helpless in appropriate cases to pass such orders in order to do substantial justice and advance the cause of justice---In the present case, both the Courts had failed to observe or consider that the petitioners/plaintiffs were successful throughout in their prolonged and exhausting litigation spreading over three decades with the respondent/KDA, up to this (High) Court---Judgment and decree was handed down after a full dress trial, which had its own value, giving birth to right and interest in favour of decree holders---In such circumstances, if the relief of possession would have been given, it could not be said that the Executing Court had travelled beyond the judgment and decree---Secondly, in terms of S. 47 of the Civil Procedure Code, 1908 , an Executing Court is empowered to decide all questions relating to the execution---Thirdly, an implied objective of law is to ensure an orderly behaviour in a society and if on one hand some act is left unattended on the basis of certain technicalities and on the other hand a victim of wrongful act is left to run from pillar to post, then in due course of time, an orderly system of a society would be diminished and will be replaced by a disorderly and intolerant behaviour as well as lawlessness---High Court set-aside both impugned decisions passed by Revisional/District Court as well as Executing Court, and directed the respondents (Karachi Development Authority) to handover the peaceful physical possession of the subject-property forthwith to the petitioners---Constitutional petition was allowed accordingly.

Mrs. NIGHAT NAEEM vs KARACHI DEVELOPMENT AUTHORITY S — 2025 CLC 858 KARACHI-HIGH-COURT-SINDH

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