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Petitioner: Mian NASIM AKHTAR VS Respondent: Mst. SHAMIM JAHAN BEGUMHonorable Justice Mian Saqib NisarM. Iqbal,Muhammad Atif Amin
2008 Y L R 1738
2008 Y L R 1738
[Lahore]
Before Mian Saqib Nisar, J
Mian NASIM AKHTAR---Appellant
Versus
Mst. SHAMIM JAHAN BEGUM---Respondent
F.A.O. No.178 of 2006, decided on 7th December, 2006.
Civil Procedure Code (V of 1908)---
----O.XLIII, R.1---Appeal against order---Counsel for respondent had stated that he would have no objection if impugned order was set aside, but for securing the rights of respondent, he submitted that properties in question should not be allowed to be alienated in any manner during pendency of suit---Counsel for appellant accepting the submission of counsel for respondent, had stated that appellant would not alienate the suit properties---Court, in order to ensure the ends of justice, directed that appellant would provide the details of the profits/rental etc. which he had been deriving from the properties in question to the Trial Court within specified period---Order accordingly.
M. Iqbal for the Appellant.
Muhammad Atif Amin for the Respondent.
Munawar Iqbal Duggal on behalf of Ashtar Ausaf Ali for the Respondent.
ORDER MIAN SAQIB NISAR, J.---Mr. Muhammad Atif Amin, learned counsel for the respondent, on instructions of his client, states that he has no objection if the impugned order is set aside but for securing the rights of the respondent/plaintiff, it is submitted that the properties in question, the list whereof has been filed by the appellant, should not be allowed to be alienated in any manner whatsoever, during the pendency of the suit. This is acceptable to the learned counsel for the appellant, who states that the appellant shall not alienate the suit properties. Besides the above, this Court is also of the view that in order to ensure the ends of justice, the appellant, if has not so far provided, shall provide the details of the profits/rental etc., which he had been deriving from the properties in question to the learned trial Court within a period of two months. The appellant shall also file a security with the Court below that in case the respondent ultimately is found to be entitled to any share in the rental/profits, that shall be paid to her, subject to the decision of the Court in this behalf. The learned trial Court is also directed to decide this case by the end of the year 2007. Accordingly, this appeal stand disposed of.
H.B.T./N-15/L Order accordingly.