ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Civil Revision No.S-140/2024
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DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE_________
01. For orders on CMA No. 310/2025 (U/A)
02. For orders on CMA No. 981/2024 (S/A)
03. For hearing of main case.
05-05-2025
Mr. Muhammad Afzal Jagirani, advocate for the applicant.
Mr. Abdul Waris Bhutto, Assistant Advocate General, Sindh.
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Through the instant Revision Application the applicant has prayed for staying the execution proceedings before the executing Court in Execution No. 04/2019 in Summary Suit No. 04/2017 (Re: Syed Abid Hussain Shah vs. Saleem Ali). It appears from the record that the suit was decreed on 08.12.2018 against which the appeal was preferred which was declined.
The execution application No. 04/2019 was filed before the executing court which was allowed through a compromise order dated 25.09.2020. The compromise order was challenged in 1st Appeal No. 04/2020 before this Court which was also dismissed vide order dated 28.03.2024. The applicant has preferred a CPLA before the Supreme Court against the order passed by this Court in 1st Appeal No. 04/2020. The applicant filed an application under Section 151 CPC before the executing court praying for staying execution proceedings as his petition for leave to appeal was pending adjudication before the Supreme Court. Learned executing Court vide order dated 02.10.2024 declined the request by observing that the judgment debtor has availed several opportunities but he has failed to comply with the terms of the decree. The learned executing court has also called report from Revenue authorities wherein the different properties in the name of applicant surfaced. Since the applicant was not co-operating with the executing court, therefore, as a last resort warrant of arrest under Rule 38 of Order 21 CPC were issued against the judgment debtor/applicant.
In order to frustrate the execution proceedings in the money decree, the applicant has again preferred this revision application before this Court.
Since, the decree which is for payment of money has been ordered to be executed by the executing Court wherein the court has adopted due course of law initially by issuing process, summons and finally warrant of arrest but the applicant failed to comply with the decree. Now the applicant, in the instant litigation, intend to linger on the proceedings before the executing court which by no means is permissible under the law. The only ground available with the applicant is that he has filed the civil petition for the leave to appeal before the Honourable Supreme Court. The pendency of appeal will not in any manner affect the execution proceedings. The applicant has pleaded urgency in the matter wherein the respondent No.1/the decree holder has also voluntarily appeared before this Court and he submits that since year 2018, he is before the Court of law but due process of law is being avoided by the applicant. The framers of Code of Civil Procedure codified Section 151 CPC with the language that it shall be exercised to secure the ends of justice. In the instant case, the ends of justice require that the decree holder must get money for which the decree has been passed. It is settled notion of law that a right should go to the person to whom it belongs and in the instant case, a right in favour of the decree holder has been created by the court, therefore, it will be in the interest of justice that this right without any further delay should go to the person to whom it belongs and in the instant case, this right belongs definitely to the decree holder. This revision application, being without any substance and merit, is accordingly dismissed. The trial Court is directed to execute the decree in terms of the order dated 02.10.2024 and ensure that the justice is not depleted by causing delay.
This application stands disposed of in above terms.
JUDGE
Zakir/P.A