MUHAMMAD RAFIQ vs KHUSHI MUHAMMAD
This matter concerns two petitions for leave to appeal arising from a common order of the Lahore High Court, which dismissed applications for the stay of execution proceedings in pre-emption suits. The petitioner had sought to stay the execution of decrees passed in favor of the respondents while their Regular First Appeals were pending before the High Court. Upon inquiry, the High Court determined that the impugned decrees had already been executed and that possession of the suit properties had been delivered to the decree-holders. Consequently, the High Court held that the request for suspension of the decrees had become infructuous and dismissed the stay applications. The Supreme Court of Pakistan reviewed the circumstances and found the High Court's order to be unexceptionable, noting that once a decree has been fully executed and possession transferred, the question of suspending or staying the execution proceedings no longer arises. Accordingly, the petitions were found to be without merit and were dismissed.
- Can an application for the stay of execution proceedings be granted after the decree has already been executed and possession delivered?
- Does the execution of a decree render a pending application for the stay of execution proceedings infructuous?
ORDER
S.A. NUSRAT, J.--This order will dispose of the above-mentioned two petitions for leave to appeal which arise out of a common order passed on an interlocutory application by the Lahore High Court, Lahore. The respondents in the two cases had brought pre-emption suits in respect of two different suit properties. The suits were decreed on 23-1-1985. The judgments and decrees passed in the two suits were challenged in Regular First Appeals before the learned High Court where the petitioner made an application for the stay of the execution proceedings pending disposal of his appeals.
2. The learned High Court called for a report and was informed by the executing Court that the impugned decrees had already been executed and possession thereof delivered to the decree- holder. In the circumstances, the High Court found that the question of suspension of the impugned decrees did not arise and the stay applications were dismissed.
3. In view of the facts, the order passed by the learned High Court is unexceptionable. The petitions have no merits and dismissed accordingly.