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Petitioner: HAMOOD MEHMOOD VS Respondent: Mst. SHABANA ISHAQUE and others
Court Name: Supreme Court of Pakistan Judge(s): Sardar Tariq Masood, Dost Muhammad Khan, Mazhar Alam Khan Miankhel Title: HAMOOD MEHMOOD vs Mst. SHABANA ISHAQUE and others Case No.: Civil Petition No. 477-K of 2017 Date of Judgment:2017-08-25 Reported As: 2017 SCMR 2022 Result: Petition dismissed
Judgment ORDER DOST MUHAMMAD KHAN, J.---The petitioner is seeking reversal of the judgment/order of the High Court of Sindh Karachi dated 23.6.2017. 2. We have gone through the entire record and have found that the petitioner has shown complete defiance to the Court orders albeit the case relates to specific performance of agreement and did not deposit the balance amount. So much so, respondent No.1, at some occasion, requested the trial Court that let another chance be given to him to deposit the balance amount. Although the Court was not inclined to grant such opportunity but even then the petitioner did not comply with the Court's order to deposit the balance amount for the property which he wants to acquire through an agreement. 3. It is mandatory for the person whether plaintiff or defendant who seeks enforcement of the agreement under the Specific Relief Act 1877, that on first appearance before the Court or on the date of institution of the suit, it shall apply to the Court getting permission to deposit the balance amount and any contumacious/omission in this regard would entail in dismissal of the suit or decretal of the suit, if it is filed by the other side. 4. In view of the above legal position to which no exception can be taken we do not see any infirmity much less illegality in the impugned order, therefore, this petition is dismissed and leave to appeal declined.