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2010 CLC 405

MUREED ABBAS vs ADDITIONAL DISTRICT JUDGE, TOUNSA SHARIF DISTRICT D.G.

Citation2010 CLC 405
CourtLahore High Court
Case No.Writ Petition No.7740 of 2009
Date2009-10-15
Judge(s)Hafiz Abdul Rehman Ansari
ResultPetition dismissed

ORDER

' HAFIZ ABDUL REHMAN ANSARI, J.--- Through this writ petition, petitioner seeks setting aside of order dated 14-9-2009 passed by the learned Additional District Judge Taunsa Shari and following relief has been prayed for:- "Under the circumstances, it is prayed that order dated 24-6-2009 passed by the learned. Civil Judge/Judge Family Court, Taunsa Sharif and order dated 14-9-2009 passed by the learned Additional District Judge, Taunsa may kindly be declared without lawful authority and no legal effects and easy instalment may kindly be made of the decree under execution for its satisfaction."

2. Mureed Abbas son of Dost Muhammad filed an appeal before the Additional District Judge, Taunsa in which first part of his appeal admitted that decree to the extent of 10 Tolas gold from the Judge Family Court upto the honourable Supreme Court was passed against the present petitioner. The only dispute was about the rate of gold at what rate that decree should be executed. The execution proceedings in favour of Mst. Kaneez Mai v. Dost Muhammad are pending before the Judge Family Court, Taunsa where the judgment-debtor filed an application that the rate of per Tolas of gold has been determined by the learned executing Court, who fixed the same as Rs.29,000 that his grievance is only about the rate of gold, he has not challenged the judgment and decree which was finalized upto honourable Supreme Court on facts against them: that the marriage between the spouses petitioner and respondents No.3 was solemnized on 26-8-2002 so the rate of gold should be that which was at the time of solemnization of marriage on 26-8-2002 while learned Judge Family Court has fixed the rate as Rs.29,000 per Tolas the rate at the time of execution of decree, on this sole point the present petitioners filed an appeal before the Additional District Judge, who dismissed the same upheld the order passed by the executing Court in favour of respondent No.1 whereas in concurrent findings of facts no interference is called for in writ jurisdiction. Learned counsel for the petitioner prayed for instalment in writ jurisdiction this prayer cannot be entertained. This writ petition is filed just to prolong the matter. Learned Executing Court should finalize the execution proceedings without fail.

3. Resultantly, this writ petition is dismissed in limine.

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