ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

       Civil Revision Appln.No.S-20 of 2012.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

For hearing of main case.

27.03.2023

                        Mr. Ghulam Dastagir Shahani, Advocate for applicant.

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            The facts in brief necessary for disposal of instant Civil Revision Application are that s Suit for Specific Performance of Contract and Perpetual Injunction was filed by the applicant; it was decreed; such decree was followed by filing of an Execution Application; it was dismissed for non prosecution by learned Executing Court vide order dated 07.05.2002; its restoration was denied by learned Executing Court on point of limitation vide order dated 04.02.2010; Civil Misc.Appeal preferred against such order by the applicant was also dismissed by learned District Judge, Qamber-Shahdadkot, vide order dated 23.01.2012, which is impugned by the applicant before this Court by preferring the instant Civil Revision Application.

            It is contended by learned counsel for the applicant that the Execution Application was not fixed for hearing; therefore, its dismissal for non prosecution was unjustified, even otherwise, the fruit of decree could not be denied to the decree holder on flimsy grounds; therefore, the impugned order being illegal is liable to be set aside. In support of his contentions, he relied upon case of M/S United Bank Ltd. and 02 others Vs. M/S Private Plastic Pack (Pvt) and 04 others (2012 CLD-239).

            None has come forward to advance arguments on behalf of the private respondents despite service of notice upon them by way of publication in daily Newspapers “Nawa-e-Waqt and Kawish”.

            Heard arguments and perused the record.

            It is settled by now that the Execution Application once filed is to be disposed of on merit. The fruit of hard earned decree could not be denied to the decree holder on the basis of technicalities, therefore, the impugned order being illegal is set aside; consequently, Execution Application would be deemed to be pending before learned Executing Court to be disposed of by it on merits and in accordance with law.

            The instant civil revision application is disposed of accordingly, with no order as to costs.

JUDGE