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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: GHAZANFAR ALI KHAN VS Respondent: Dr. Agha SAFIA FATIMA and another
Court Name: Sindh High Court Judge(s): Agha Rafiq Ahmed Khan Title: GHAZANFAR ALI KHAN vs Dr. Agha SAFIA FATIMA and another Case No.: First Appeal No,5 of 2007 Date of Judgment:2008-04-07 Reported As: 2009 YLR 909 Result: Order accordingly
Judgment ORDER ' AGHA RAFIQ AHMED KHAN, J.--- Mr. Muhammad Arif Khan, Advocate has filed power on behalf of the respondent which is taken on record. Matter is fixed for hearing of C.M.A. No,1245 of 2007 filed by appellant under Order XLI, rule 5, C.P.C. For stay of operation of the impugned judgment. This Court had admitted the appeal on 10-3-2008 in the meantime operation of the impugned judgment was suspended. The contention of learned counsel for the respondent is that under Order XLI, rule 5, proviso- C.P.C.Security is to be given by the appellant if he obtains order against the money decree. He has relied on the cases of Ch. Altaf Hussain and others v. Mirza Azam Beg reported in 1983 SCM R 643 and Pir Ghulam Farid v. Pir Muhammad Bakhsh 1968 SCM R 160. ' I have heard learned counsel for both the parties and gone through the above case-law. This suit was decreed in the sum of Rs,14,80,000 by the judgment dated 6-2-2007 passed in the Suit No,60 of 2005 by the VIth Additional Sessions Judge, Karachi East. ' Since money decree in the suit has been passed, therefore operation of the judgment and decree is suspended subject to furnishing security in the decretal amount within a period of one and half month. ' C.M.A. No,1245 of 2007 stands disposed of accordingly.
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