ANWAAR HUSSAIN, J.----Through the present constitutional petition, the petitioner bank has challenged the order dated 30.11.2020 passed by learned Civil Judge 1st Class, Multan on application for contempt of Court filed by respondents Nos.1 to 3 wherein the petitioner bank has been directed to comply with the judgment dated 16.07.2019 and handover the valuables contained in the locker which was jointly owned by Qazi Javaid Iqbal and his wife Nargis Chaudhry to respondents Nos.1 to 4 and revision petition filed by the Bath has been dismissed vide judgment dated 24.03.2021 passed by learned Additional District Judge, Multan.
2. It is the case of respondents Nos.1 to 4 that the deceased Nargis Chaudhry was issueless and they are her real sisters and hence, in furtherance of decree dated 16.07.2019, petitioner bath was obligated to handover the valuables contained in the locker maintained with bank by deceased Nargis Chaudhry and her husband.
3. Learned counsel for the petitioner submits that the learned courts below have erred in passing an order in contempt petition directing the Bank to execute the decree and judgment passed by learned Civil Judge, hence, has deviated from the settled principles of law that such an order cannot be passed in contempt proceedings and in this manner the court has assumed role of executing court. Moreover, it has been submitted that since locker was jointly owned by late Nargis Chaudhry (sister of respondents Nos.1 to 4) as well as her deceased husband, namely, Qazi Javaid Iqbal and the declaration regarding successors-in-interest of said Qazi Javaid Iqbal has not been obtained, therefore, the bank is obligated to wait till clarity in this regard is on record in order to save the interest of the legal heirs of said Qazi Javaid Iqbal.
4. Arguments heard. Record perused.
5. When confronted as to how tool of contempt can be used as a substitute for execution and implementation of the judgment and decree of the trial court in view of law laid down in reported judgment dated 04.11.2020 passed by Hon'ble Supreme Court of Pakistan in Crl.M.A.62-P/2018 in Crl.O.P.82/2010 and CrI.O.P.55/2018 in Cr1.O.P.82/2010 in C.P.103-P/2010, tilted Saeeda Sultan v. Liaqat Ali Orakzai and others PLD 2021 SC 671, learned counsel for the respondents frankly conceded that such order is not sustainable and has no objection if the impugned order as well as judgment are set aside, however, they reserve the right to approach the learned executing court for implementation of the judgment and decree dated 16.07.2019.