Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Mst. Sher Bano VS Respondent: Nazir Ahmed and others
Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Gulzar Ahmed, Muhammad Ather Saeed Title: Mst. Sher Bano vs Nazir Ahmed and others Case No.: Civil Appeal No. 139-K of 2011 Date of Judgment:2011-12-01 Reported As: 2015 P.S.C. 933 Result: Order accordingly
Judgment ORDER ' KHILJI ARIF HUSSAIN, J. --- This appeal with leave of the Court granted on 21.7.2011. against the judgment dated 3.5.2011 of the High Court of Sindh, Karachi whereby Civil Revision No. 7 of 2010 was allowed on the ground that status quo order earlier granted was not extended on many occasions by the Court and as such the respondents right' dispossessed the appellant from the property' in question without taking into consideration the law laid down by this Court in the cases of Bakhtawar, etc. v. Amin, etc. (1980 SCM R 89) and Raja Talat Mahmood v, lsmat Ehtishamui Haq (1999 SCM R 2215). ' After arguing the case at some length and since the appellant was dispossessed on 23.8.2009, both the parties jointly requested that the appeal may be disposed of with direction to the Trial Court to conclude the proceedings and pass the judgment after hearing the parties and regarding the evidence within a period of three months from the date of this order and in case the suit is decreed in favour of appellant then the respondent Nazir Ahmed will deliver the possession to the appellant immediately, failing which the Court may pass an order for delivering the possession. ' We have taken into consideration arguments advanced by the learned counsel for the appellant as well as the respondent and dispose of the listed appeal in the above terms and direct. the concerned Trial Court to decide the suit on or before 01.3.2012 and in case the suit is decreed then to restore the possession immediately in favour of the appellant.