2020 YLR 2498 QUETTA-HIGH-COURT-BALOCHISTAN

Full text

MUHAMMAD HASHIM VS Syed KALIMULLAH Ss. 13 & 17---eviction petition---Execution petition---Objection petition---eviction petition was allowed against which an appeal was filed but same was dismissed---Execution petition was filed wherein tenant moved objection petition on the ground of limitation but same was dismissed---Validity---Mere filing of appeal or revision before higher forum did not automatically operate as a stay of the order---No stay order against eviction of tenant from the higher forum had been passed in the case---Execution petition should have been filed within three years from passing of the order---Execution petition had been filed after more than nine years---Findings recorded by the Courts below were devoid of merits and without application of judicial mind which were not sustainable under the law---Impugned orders passed by the Courts below were set aside and execution petition was dismissed---Revision was allowed in circumstances.