Concisely , the Respondent No. 3 institute d a suit for dissolution of marriage, recovery of dowry articles valuing Rs.
14,45,000/-, Haq Mehr Rs.5000/- and plot measuring five marlas valuing Rs. 10,00,000/- against the present petitioner . The petitioner was summoned through all modes but neither the petitioner/defendant nor anyone appeared on his behalf, therefore ex parte proceedings were carried out against him. Learned Trial Court after recording exparte evidence of the Respondent No. 3/plaintif f and hearing arguments vide impugned ex parte judgment and decree dated 28.05.2018 partially decreed the suit. The Respondent No. 3/plaintif f preferred appeal against the said judgment and decree and the case was remanded to the learned Trial Court with the direction to re-writ the judgment after proper evaluation of the evidence vide order dated 17.09.2018. After remand, the learned Trial Court re-wrote the judgment and decreed the suit of Respondent No. 3 in the following terms on 29.09.2018: "-----suit of the plaintiff for dissolution of marriage is hereby decreed on the basis of Khula subject to relinquishment of 25% of the prompt dower . The plaintiff is-entitled to receive alternate price of Rs.3,00,000/- for her dowry articles.
The plaintiff is entitled to receive Rs.37501- as dower . Claim of the plaintiff for recovery of plot measuring 5-Marla valuing Rs. 10,00,000/- is hereby dismissed."
Being aggrieved of the said judgment and decree, the Respondent No. 3 preferred an appeal, wherein the petitioner did not, appear despite issuance of process and publication of the newspaper , for which he was proceeded against ex parte. The learned Appellate Court vide ex parte judgment and decree dated 18.12.2018 partially accepted the appeal of Respondent No. 3 in the following term: -----the instant appeal is partially accept ed. Findings of the learned Family Court are modified, accordingly . To remove any confusion for the purpose of execution process, it is made clear that the appellant is held entitled for recovery of 75% of Rs.50001-(Rs.3750) as per Column No. 13 and 50% of Rs. 10,00,0001- (Rs. 5,00,0001-) as per Column No. 16 of the Nikah Nama, as dower and for recovery of dowry articles, (excluding the gold ornaments, clothes, shoes and cosmetics), as per list Ex.P-3 or its alternate price of Rs. 5,00,000/- The petitioner filed an application for setting aside ex parte proceedings dated 15.12.2018 and ex parte judgment & decree dated 18.12.2018 and on 11.03.2019 in presence of the petitioner , his brother and father of the Respondent No. 3 as well as learned counsel for the parties, it was settled that matter with regard to dowry articles and dower may be resolved on the basis of statemen t of Muhammad Bin Faqeer Ullah on oath, so the learned Appellate Court ordered to summon said Muhammad Bin Faqeer Ullah. On 21.03.2019, applica tion of the petitioner for setting aside ex parte proceedings dated 15.12.2018 as well as ex parte judgment and decree dated 18.12.2018 was accepted and after recording statement of Muhammd Bin Faqeer Ullah (maternal uncle) of the petitioner and Respondent No. 3, the learned Appellate Court varied the claims of Respondent No. 3 for dower and dowry articles as under:--
(i) The appellant is held entitled to recov er half of value of the plot i.e. Rs.5,00,000/-, as per Column No. 16 of Nikah Nama Ex.P4 as dower . The amount of dower as per Column No. 13 shall be deemed to be paid by the respondent.
(ii) As mutually agreed between the parties, the respondent Khubaib Khan would deliver the dowry articles, as lying in his house, on oath and the appella nt would receive the same. Both of the learned counsels shall send representatives of their respective parties for handing aver/receiving the dowry articles, within 15-days of passing of the instant order .
Hence, the instant constitutional petition by impugning the, ex parte judgment and decree dated 29.09.2018 passed by the learned Trial Court and order & decree dated 21.03.2019 passed by the learned Addl. District Judge, Mian Channu.
2. Heard.
3. Presumption of truth is attached to the proceedings of the Court. It is evident from the order dated 11.03.2019 that the petitioner alongwith his brother and learned counsel was present before the learned Appellate Court when the parties settled to resolve the claims of dowry articles and dower on the basis of statement of Muhammad Bin Faqeer Ullah on oath and in response to the said mutual understanding the learned Appellate Court issued notice to said person, who appeared and recorded his statement on oath on 21.03.2019, where-after the learned Appellate Court on the basis of his statement passed the impugned order and decree dated 21.03.2019. The status of said impugned order and decree is that of consent decree, which is not appeala ble. The learned Appellate Court after mutual understanding of the parties and statement of the person agreed upon for settling the issue with regard to dowry articles and dower has rightly passed the impugned order and decree. Thus, there appears no illegality and jurisdictional error in the impugned order and decree passed by the learned Appellate Court warranting interference by this Court in exercise of extraordinary constitutional jurisdiction.
4. Resultantly , the writ petition in hand being devoid of any force and substance stands dismissed in limine .