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2017 YLR 922 KARACHI-HIGH-COURT-SINDH

Sindh · 2017

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Mst. FATIMA BEGUM VS BASHIR AHMED S.22---Executing court, duty of---Scope---Directions of High Court---Re-induction of ejected tenant---Non-execution of re-induction order of High Court---High Court had given further direction to executing court to issue writ of possession with aid of police if property was not vacated---Sole function of Executing Court was to execute the order of eviction passed against landlord in the proceeding which had attained finality, even if no directions had been given by High Court; and when specific directions were given by High Court with a specific time-frame, executing court was duty-bound to comply with such directions in letter and spirit---Detailed report/ explanation submitted by executing court showed that writ of possession had been executed by taking over possession of the subject property from landlord and handing over the same to the tenant---Constitutional petition was disposed of accordingly.