18/2011 R.A (Civil Revision) Mehboob (Applicant) V/S Nadir Hassan (Respondent)

Sindh High Court2020

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar(Author)

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18/2011 R.A (Civil Revision) Mehboob (Applicant) V/S Nadir Hassan (Respondent) Sindh High Court Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar(Author) Order Date: 14-MAR-20 Relevant facts of the case are that the above Suit was filed by the respondent claiming to be the sole and exclusive owner of property bearing C.S. No.4407, Ward G, out of R.S. No.27 and others in Deh Ghangra, situated at Phulelipar, Paretabad, Hyderabad Sindh (suit property)--The main concern raised on behalf of the applicant was that as the property in his possession is separate and distinct from the one claimed by the respondent, the impugned decree cannot be executed in respect of his property. In this context, it may be noted that there are already concurrent findings against the applicant and this Court has also affirmed the same. Be that as it may, needless to say that the executing Court cannot go behind the decree and the decree shall be executed only in respect of the property described therein after carefully identifying and ascertaining the same.
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