PLJ 2024 Lahore (Note) 61
Present: Raheel Kamran, J.
MUHAMMAD MUSHTAAQ--Petitioner
versus
SHAMIM AKHTAR, etc.--Respondents
W.P. No. 59588 of 2019, decided on 20.9.2023.
Civil Procedure Code, 1908 (V of 1908)--
----S. 151--Constitution of Pakistan, 1973, Art. 199--Decree for maintenance allowance--Writ petition--Dismissed for non-prosecution--Direction to deposit of 50% of decretal amount furnishing of surety bond of remaining amount--None was appeared--High Court had directed writ petitioner to deposit 50% of decretal amount and furnish surety bond of remaining amount--None appeared on behalf of petitioner and writ petition was dismissed for non-prosecution--Since a decree regarding maintenance allowance existed in favour of Respondent No. 1 and this writ petition had already been dismissed for non-prosecution for restoration of which no application had so far been filed--Office was directed to transfer 50% of decretal amount and surety bond qua rest of amount, already deposited by writ petitioner in pursuance of order of High Court to the Executing Court concerned for execution of decree in favour of applicant No. 1 in accordance with law--Application allowed. [Para 2 & 3] A, B, C & D
Ch. Arshad Iqbal, Advocate for Applicant/Respondent No. 1.
Date of hearing: 20.9.2023.
Order
C.M. No. 01 of 2023
This is an application for remittance of an amount of Rs. 140,000/- and surety bond, submitted by the writ petitioner before the Deputy Registrar (Judicial) of this Court pursuant to the order of this Court dated 11.10.2019, to the Civil Nazir Tehsil Courts. Depalpur District Okara for onward disbursement to the applicant.
2 According to the record, on 11 10.2019 while issuing notice to the applicant/respondent, this Court had directed the writ petitioner to depos.t 50% of the decretal amount and furnish surety bond of the remaining amount and the stamps of the Deputy Registrar (Judicial) available on the margin of the said order reveal that an amount of Rs. 140,000/- and the surety bond were deposited on 18.10.2019. Thereafter, on 30.05.2023 none appeared on behalf of the petitioner and the writ petition was dismissed for non-prosecution.
3. Since a decree regarding maintenance allowance exists in favour of Respondent No. 1 and this writ petition has already been dismissed for non-prosecution on 30.05.2023, for restoration of whis a no application has so far been filed, this application is allowed subject to all just and legal exceptions. Consequently, office is directed to transfer 50% of decretal amount and surety bond qua rest of the amount, already deposited by the writ petitioner in pursuance of the order of this Court dated 11.10.2019, to the Executing Court concerned for execution of the decree in favour of the applicant/Respondent No. 1 in accordance with law.
(Y.A.) Application allowed
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