W IQAR AHM AD, J. Through this single judgment, I intend to dispose of the instant writ petition as well as the connected Writ Petition No. 1114-M of 2020, as common question of law is involved in both the petitions.
2. Predecessor-in-interest of the respondents Nos.1 and 5 to 11 had filed a suit for declaration in the Court of Additional Deputy Commissioner, Swat on 20.08.1992 against petitioner and other defendants, which was later referred to civil Court and was partially decreed vide order dated 29.11.2000 of learned civil Court. Said judgment was maintained upto this Court. Judgment of this Court was then assailed by respondents Nos. 1 and 5 to 11 before the Hon'ble Supreme Court of Pakistan, which was allowed vide order dated 12.11.2015 in the following manner; "5. In our view, the Courts below have erred in holding that the taqseemnana dated 07.03.1981 constituted a valid gift deed, because the respondent has failed to prove the three ingredients i.e. offer, acceptance and delivery of possession, which are sine qua non for establishing a valid gift. The respondent has not been able to prove that he had actual or constructive possession of the suit property. Moreover, the law mandates that a gift has to be irrevocable and unconditional which is not the case at hand because the owners (i.e. the alleged donors) retained the right of rent pursuant to paras 9 and 10 of the taqseemnama. Since, no valid gift was executed in favour of the respondent therefore, all consequent entries in the revenue record are fraudulent and void.
Foregoing are the reasons for our short order dated 12.11.2015, whereby this appeal was allowed."
3. Respondent No. 1/decree-holder then filed an application for execution of judgment and decree of the Hon'ble Supreme Court of Pakistan. Judgment-debtor/petitioner herein submitted his reply, wherein he had opposed the application on factual as well as legal grounds. His objections to the application were dismissed by the learned civil Court vide its order dated 09.01.2019. Feeling aggrieved there-from, petitioner filed an appeal before learned District Judge Swat, which was dismissed vide impugned judgment dated 21.09.2020 of learned Additional District Judge-III, Swat.
Petitioner has then approached this Court through the instant constitutional petition with the following prayer; "It is, therefore, requested that on acceptance of this writ petition, the impugned judgments and orders dated 04.01.2019 of learned Civil Judge-I/executing Court in execution proceedings Case No. 2/10 of 2017, and judgment of the appellate Court dated 21.09.2020 may please be set aside."
4 Arguments heard and record perused.
5. Learned counsel appearing on behalf of petitioner has however confined his submissions to the sole objection that decree in the case in hand had been passed by the Hon'ble Supreme Court of Pakistan and that execution of such a decree could not be made by the learned civil Court without the same being -sent by the High Court. Learned counsel for petitioner has mainly been relying upon provision of Rule 15 of Order XLV of Code of Civil Procedure, 1908 (hereinafter referred to as "C.P.C."). Respondent No. 1 in the instant writ petition has obtained and placed on file attested copies of judgment and decree-sheet of the Hon'ble Supreme. Court of Pakistan and has rather requested this Court through C.M No. 1807-M/2020 that the decree may be sent to the learned executing Court for its due enforcement. Learned counsel for petitioner has however still been maintaining his objection towards execution of decree in the connected petition bearing W.P No.1114-M/2020. Rule 15 of Order XLV, C.P.C., being relevant is reproduced hereunder for ready reference; "15. Procedure of enforce orders of Supreme Court.-- (1) Whoever desires to obtain execution of any order of the Supreme Court shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to the Supreme Court was preferred.
(2) Such Court shall transmit the order of the Supreme Court to the Court which passed the first decree appealed from, or to such other Court as the Supreme Court by such order may direct, and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said order is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees.
(3) [* * * * * * * * * omitted by Ordinance XXVII of 1981]
(4) Unless the Supreme Court is pleased otherwise to direct, no order of the Supreme Court shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite-party or deceased respondent in a case where such opposite-party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court but such order shall have the same force and effect as if it had been made before the death took place."
In the case in hand, it is apparent that both the petitions have been arising out of execution of one and the same judgment of Hon'ble Supreme Court of Pakistan in respect of which judgment as well as decree-sheet of the Hon'ble Court has been available before this Court. Objection of petitioner, if any, stands removed. When the matter has come in notice of this Court, it would not allow the petitioner to evade execution of the decree in either of the execution petitions just for the reason that one of the decree-holder had not filed any application for sending the same to the learned civil Court. It is solemn duty of this Court as well as all the authorities functioning in State to ensure compliance of judgment of the Hon'ble Supreme Court of Pakistan according to Article 190 of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter referred to as "Constitution"). This Court has also jurisdiction to execute or order execution of any judgment, decree or order of Hon'ble Supreme Court of Pakistan under Article 187 of the Constitution. It is also duty of petitioner to submit to the dictates of law and not to hinder the process of execution of judgment and decree of the Hon'ble Supreme Court of Pakistan. Obedience to law and the Constitution is inviolable obligation of every citizen including the petitioner as per text of Article 5 of the Constitution.
Petitioner should also realize his duty as citizen of the State and he should submit to the dictates of law and the Constitution. Such a duty would inter-alia require compliance of judgment and decree of the Hon'ble Supreme Court of Pakistan as well as all valid orders of learned executing Court.
6. In light of what has been discussed above, both the writ petitions as well as C.M No. 1807-M of 2020 are disposed of with the direction that judgment and decree in both the cases shall be deemed to have been sent to the learned executing Court for execution under Rule 15 of Order XLV, C.P.C. The learned executing Court shall try its best to ensure swift and due execution of the judgment of Hon'ble Supreme Court of Pakistan.