Citation Name: 2025 MLD 1122 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Shafi Nagori vs Muhammad Ayub S — 2025 MLD 1122 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 1122 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Citation Name: 2025 MLD 1122 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Shafi Nagori vs Muhammad Ayub S
Subject matter: Criminal
Provisions referred to: S. 3; S. 115---E; 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

Citation Name: 2025 MLD 1122 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Shafi Nagori VS Muhammad Ayub S.3 & First Sched., art. 181---Constitution of Pakistan, arts.23 & 24---Civil Procedure Code (V of 1908), S. 115---Execution application, filing of---Commencement of period of limitation---Determination---Executing Court dismissed the application under S. 3 of the Limitation act, 1908, (act) treating the execution application within time, whereas,the appellate Court overturned the decision of the Executing Court---Validity---Civil revision was finally decided by the High Court on 22.02.2020; six months thereafter the Execution application was filed and since the revisional proceeding was also covered by the principle of merger, hence, the Execution application was within time and was not adversely affected by art. 181 of the act---appellate Court did not appreciate the case law in overturning the decision of the Executing Court, thus, the impugned order was illegal and could not be sustained---Once the judgment and decree is given in favour of an individual, which has attained finality, in particular concerning his proprietary right, it cannot be eclipsed, except, when there is an express provision of substantial law, but that too requires liberal interpretation, so that the legitimate ownership right is safeguarded, because proprietary rights are governed and protected under arts.23 & 24 of the Constitution and not merely by an ordinary statute---Order of the appellate Court was set aside and that of the Executing Court was restored---Civil revision was allowed, in circumstance.

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