ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

C.P.No.D-501  of   2014

 

DATE                    ORDER WITH SIGNATURE OF JUDGE

 

For orders on maintainability of main case.

 

14.11.2023

Mr. Shakeel Ahmed S. Abro, Advocate for the Petitioner.

Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh.

O R D E R.

          The facts leading to this petition, in brief, are that F.C. Suit No.55/2000 (new No.245/2006) filed by the petitioner was decreed in his favour by learned 2nd Senior Civil Judge, Larkana vide judgment and decree dated 16.4.2008 and the appeal preferred by the other side against said judgment and decree being Civil Appeal No.13/2008 was dismissed by learned Additional District Judge, Kamber vide judgment and decree dated 13.05.2011 and 20.5.2011, which, having not been challenged further, attained finality. The petitioner filed Execution Application No.04/2012 seeking execution of judgment and decree dated 16.4.2008, which was dismissed by the learned trial/executing Court vide order dated 04.05.2012 on the ground that either the Decree Holder did not sign the execution application or it was impersonated. The order dated 04.05.2012 passed by the executing Court was challenged by the petitioner in Civil Revision Application No.05/2012, which too was dismissed by learned Additional District Judge, Kamber vide his order dated 21.12.2013. Hence, this petition.

 

2.       After arguing the matter at length, learned counsel for the petitioner submits that he will be satisfied if, by covering the limitation and granting instant petition, the petitioner may be allowed to submit fresh execution application before the executing court, which may be decided in accordance with law. Learned Additional Advocate General, Sindh, after going through the orders impugned herein as well as the averments made under the petition, does not oppose such proposal.

 

3.       Accordingly, the petition is hereby allowed. Consequently, the impugned orders dated 04.05.2012 and 21.12.2013, passed by the learned trial Courts as well as Revisional Court are hereby set aside. The petitioner is permitted to file execution application afresh within fifteen days’ time, which shall be decided by the trial/executing Court strictly in accordance with law.

 

4.       Petition stands disposed of in the above terms.

 

 

    Judge

 

 

Judge

 

 

 

 

 

 

Qazi Tahir/*