Execution petition , filing of --- Limitation --- Commencement of period of limitation --- Principles --- In the present case , the decree of the Court of first instance was first challenged in appeal and then in revision before the High Court -

 Execution petition , filing of --- Limitation --- Commencement of period of limitation --- Principles --- In the present case , the decree of the Court of first instance was first challenged in appeal and then in revision before the High Court --- After exhausting all statutory remedies under the Code of Civil Procedure , 1908 , none of the parties considered it appropriate to avail of constitutional remedy before the Supreme Court ... In such a situation , till such time , an appeal or revision from a decree is not filed , or such proceedings are pending but no stay order has been issued , such decree remains capable of execution but when the Court of last instance passes the decree only that decree can be executed , irrespective of the fact , that the decree of the lower Court is affirmed , reversed or modified --- In light of this principle , the application , brought by the decree - holder / respondent for the execution of the decree cannot be held to be barred by time --- If the decree / order passed in revision had been challenged by filing a petition for leave to appeal before the Supreme Court , the position would have been different , and the period of limitation would have been governed by the principle laid down in the case reported as Bakhtiar Ahmed v . Mst . Shamim Akhtar and others ( 2013 SCMR 5 ) , which expounds that unless the Supreme Court stays the proceedings of the decree or converts the petition into an appeal , the period of limitation cannot be deemed to have been clogged --- Merely filing a petition for leave to appeal does not automatically extend the time for filing an execution application --- However , if the leave is granted , the petition is converted into an appeal and allowed , in which case , the order of the Supreme Court will merge into the order of the lower forums and , thus , the period of limitation will start from the order of the Supreme Court --- Since , in the case under consideration , the remedy before the Supreme Court was not availed of , the precedent of Bakhtiar Ahmed v . Mst . Shamim Akhtar and others ( 2013 SCMR 5 ) does not apply to it --- Petition was dismissed and leave was declined .

ANJUMAN GHULAMAN MUSTAFA versus DARUL ISLAMIA SOCIETY and others.
C.P.L.A.No.6052 of 2021
PLD 2024 Supreme Court 489