2022 CLC 970 KARACHI-HIGH-COURT-SINDH

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MOHSIN GHAYUR HAIDER VS IIND SENIOR CIVIL JUDGE/RC S.15---Constitution of Pakistan, Art.199---Constitutional petition---eviction petition---Execution of orders---Scope---Petitioner assailed order passed by Executing Court whereby judgment debtor was directed to vacate the rented premises---Validity---Petitioner's alleged claim, right or interest in respect of the demised premises, had admittedly not been recognized or accepted by the Supreme Court as his application under S.12(2), C.P.C. was dismissed---On the contrary, Supreme Court had observed that if he claimed ownership rights of the demised premises through some agreement to sell and some litigation was pending in that regard before the court of competent jurisdiction, such cases would be decided on their own merits---Petitioner, being an outsider and alien to the execution proceedings, had no locus standi to file the Constitutional petition---Present petition was nothing but a clear and blatant abuse of process of the court and another mala fide attempt by the petitioner to frustrate the eviction order by further prolonging the execution proceedings---Petition was dismissed with costs.