O R D E R S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Civil Revision Application No.18 of 2009

Date	Order with signature of the Judge

1. For orders on office objection flag ‘A’

2. For Katcha Peshi.

02.11.2009.

Mr. Syed Abdul Rasheed Shah, advocate for applicants.

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The applicants have challenged the order dated 22.06.2009 as execution application was dismissed only for the reason that Mehr-un-Nisa and Nadir Ali Shah had filed application under section 12(2) CPC for setting aside the judgment and decree passed in First Class Suit No.110/1981 from which the execution proceedings have eminated. While dismissing the execution application direction was given that the applicant may file fresh execution application after disposal of Section 12(2) CPC applications. Counsel for the applicant is satisfied that let Section 12(2) CPC applications be decided first but the trial Court ought not have dismissed the execution application. While maintaining the order of the trial Court that Section 12(2) CPC applications be decided first, it was not necessary at all for the trial Court to dismiss the execution application. The dismissal of the execution application would unnecessarily delay the proceedings. In the circumstances, while maintaining order of the trial Court that application under section 12(2), CPC be decided first, the execution application shall be deemed to be pending. As soon as the trial Court decides the application under section 12(2), CPC, the executing court shall proceed with the same execution application. The trial Court is directed to dispose of the application under section 12(2), CPC within one month. As several years have already consumed in the litigation, therefore, after disposal of the application under section 12(2), CPC the executing court shall decide the Execution Application within one month thereafter. Civil Revision stands disposed of in the above terms.

Judge