Mst. Shehnaz Khatoon vs Jam Ikramullah Khan Dharejo S — 2026 YLR 1367 KARACHI-HIGH-COURT-SINDH

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Mst. Shehnaz Khatoon VS Jam Ikramullah Khan Dharejo S.12 (2)---Constitution of Pakistan, Art.199---Ex parte award concerning a cooperative housing society plot---Subsequent purchaser dispossessed in execution proceedings---Subsequent purchaser challenging through S.12(2) C.P.C.---Matter concerning disputed questions of facts---Matters requiring decision on merits---Scope---Briefly, the petitioner purchased and took possession of suit property but was later dispossessed in execution of an ex parte award obtained by respondent No.2; petitioner's subsequent application under S.12(2) C.P.C. against that award was dismissed by the Registrar, Cooperative Societies and her appeal was also dismissed leading to the filing of the present constitutional petition---The issue for determination was “whether her S.12(2) C.P.C. application could be dismissed on limitation and technical grounds, or whether the matter required decision on merits in view of the disputed facts surrounding the award and dispossession?”---Held: Both forums below overlooked the facts that from the very day when petitioner was dispossessed from the premises in compliance of writ of possession she had been pursuing the legal remedies before the courts---It was during pendency of her appeal when she decided to file an application under S.12 (2) C.P.C. on the grounds of fraud and misrepresentation, therefore, limitation, if any, was to be considered through the prism of such context---In cases that involved material questions of facts which needed an enquiry for adecision to settle the controversy once and for all between the parties, such applications could not be ignored on the ground of limitation without looking into the facts---The awards was passed against the original allottee ex parte---Before filing of proceedings in the year 1993 for award, the original allottee had already sold out the property in the year 1990 and he was not made party in the case---In execution application it was not even ensured by the executing court to see that petitioner who was in possession of the property at the time was served beforehand and filed objections, if any, to present her point of view---The petitioner, it appeared, came to know of the award and the writ of possession in execution application, only when she was dispossessed---Exhaustion of earlier remedy in the shape of moving some application before the executing court seeking restoration of possession or challenging the order rejecting such application before the appellate court did not bar the petitioner from filing an application under S.12(2) C.P.C. when it was justified on the grounds enumerated therein---Orders of courts below were set aside and the matter was remanded for decision afresh on merits---Present petition was disposes of, in circumstances.

Mst. Shehnaz Khatoon vs Jam Ikramullah Khan Dharejo S — 2026 YLR 1367 KARACHI-HIGH-COURT-SINDH

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