' MUHAMMAD AKHTAR SHABBIR, J.--- This application has been filed by the applicant under section 12(2), C.P.C. For setting aside the order, dated 21-7-2004 passed by this Court on the ground that the applicant is a bona fide purchaser/owner in possession of the land measuring 9 Marlas, 4 Sarsai bearing Khewat No,477, Khata No,633, Khasra No,5275/3914, Khewat No,671, Khata No,868, Khasra No,5201/3682, 5202/3683 and Khewat No,474, Mauza Gangal Airport Road, Tehsil and District Rawalpindi vide Sale-deed No,5662 dated 20-8-2001 and that the possession of the said land had been delivered to the petitioner by the previous owners.
2. Shakeel Ahmad, writ petitioner, filed the instant writ petition for the issuance of a direction to respondents Nos.4 and 5 to get the encroachment removed and also direction to respondents Nos.1 and 3 to take action on the basis of the application submitted by the writ petitioner.
3. Malik Muhammad Nawaz, Advocate/Legal Advisor, C.D.A. Had given an undertaking before this Court on 21-7-2004 that the grievance of the petitioner shall be redressed within a week and on his undertaking, the writ petition was disposed of as having borne fruit and C.D.A. Was directed to submit compliance report to this Court within thirty days.
4. The direction had not been issued by this Court through specific order to the respondents. The writ petition was only disposed of meaning thereby that the writ petition was brought to an end by disposing of the same and no order on merits was passed by the Court. No decree or order had been passed by this Court.
5. The word "decree" has been defined in section 2(2), C.P.C. Which means the formal expression of an adjudication which so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint (the determination of any question within section 144, and an order under rules 60, 98, 99, 101 or 103 of Order XXI) but shall not include-
(a) any adjudication from which any appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
6. The word "order" would mean the formal expression of any decision of a Civil Court which is not a decree. The term "order" ordinarily means a decision of a Court or Judge made in writing and analogous to the term "decree". The word "order" is judgment. Reference in this context can be made to the cases of B. Surendra Narain Singh v. Raja Lal Bahadur Singh and others AIR 1933. All.
762 and Ghulam Hussain Shah v. Ghulam Muhammad PLD 1974 SC 344.
7. The word "disposal" has been defined by Black's Law Dictionary as, to get rid of; to finish with; and as per Kitabistan -Dictionary, the word "disposal" would mean, bringing to an end; getting rid of; and that Urdu meaning of word "disposal" is . {{URDU TEXT}}
8. The disposal of the writ petition is not a judgment, decision or order, therefore, not covered within the ambit of section 12(2), C.P.C., which enshrines as under:--- "Where a person challenges the validity of a judgment, decree or order on the plea of fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by making an application to the Court which passed the final judgment, decree or order and not by a separate suit."
9. For the foregoing reasons, this C.M. Having no force is dismissed.