Zahid Ali shah vs Mst Azra S — 2025 YLR 1452 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 1452 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Zahid Ali shah vs Mst Azra S
Subject matter: Civil
Provisions referred to: S. 115; S. 5; Family Courts Act (XXXV of 1964)

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

Zahid Ali shah VS Mst Azra S. 115, O. XX, R.11 & O.XXI, R.1---Family Courts Act (XXXV of 1964), S.5, Sched.---Revisional jurisdiction of High Court---Scope---Mode of execution of money decree---Payment in instalments in cash---Dilatory tactics of petitioner/judgment-debtor in executing a long-standing money decree in a family dispute---Judgment-debtor deposited cross-cheque instead of payment in cash owing to his apprehension of misuse of amount for personal benefit of attorney of decree-holder, who objected to such mode of payment---Executing court ordered payment in cash and upon appeal by the judgment-debtor Appellate Court concurred with the order of executing court---Validity---Judgment-debtor had no right to object to the alleged conduct of the attorney of decree-holder as he was delaying the execution of the decree on flimsy and irrational grounds, which tantamount to depriving the decree-holder of the benefits of the same by all means, which was certainly neither permissible nor desirable under the law---Increasing trend of false and frivolous litigation was held to be an abuse of the court process and an unnecessary burden on the judicial system, as easy access to justice does not bestow a right on a litigant to settle his affairs in a manner as he desires, which is certainly against the spirit of law and not permissible to be misused as a license to file misconceived or frivolous petitions---No illegality or irregularity was found in the findings of courts below requiring any interference by the High Court in its revisional jurisdiction, which was otherwise very narrow and limited in its scope---Civil revision was dismissed in limine with costs, in circumstances.

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