Suit for possession through partition --- Internal / external auction proceedings --- " Willingness " of the party --- Scope and meaning --- Civil Court declared that the internal auction had failed and started proceedings for the external auction , which decision was assailed by the petitioner / defendant before District Court , however , the same was dismissed --- Validity --- Word " willing " was defined as " eager , co - operative , ready and prompt to act ; voluntary ; chosen ;intentional " --- Word " willingness " meant " ready to do something " which word ( willingness " ) also denoted the conduct of a relevant party - In the present case , the petitioner , instead of willingly participate in the proceedings remained extremely disinclined --- Conduct of the petitioner had shown that he was not prepared or ready for the internal auction ; he kept wasting the time of the Trial Court and caused delay of about 9 months in just one step of the case ( i.e. internal auction ) , entirely contrary to the intent of legislature reflected from the Preamble and S. 14 of the Act , 2012 --- No illegality or irregularity had been noticed in the impugned judgments and orders passed by both the Court below --- Constitutional petition was dismissed in limine , in circumstances . Petition No.65237 of 2023
AWAIS GOHAR versus SUMAIRA ADNAN and others
2024 C LC 251
Suit for possession through partition --- Sult property , disposal of --- Internal auction proceedings --- External / open auction --- Scope --- Civil Court declared that the internal auction had failed and started proceedings for the external auction , which decision was assailed by the petitioner ( defendant / co - owner ) before District Court , however , the same was dismissed --- Contention of the petitioner was that internal auction has been declared as unsuccessful in haste and without observing the requirement of law --- Validity --- Record revealed that the Trial Court passed order for holding internal auction , after reaching to the conclusion that there was no dispute as to the ownership of the suit property --- In pursuance of S. 10 ( 2 ) of the Punjab Partition of Immovable Property Act , 2012 ( ' the Act , 2012 ' ) , the parties were directed to appear in person --- Evaluation report of the suit property was submitted and the petitioner was directed to appear on next date , when the respondent - lady remained present but the petitioner failed to appear --- Even thereafter , petitioner kept seeking adjournments on different pretexts ( like suffering from COVID - 19 , or out of the Country etc . ) --- Ultimately , in view of the conduct of the petitioner , the Trial Court after proceedings had spanned for about nine months , concluded that he was not interested in the internal auction and closed proceedings relating to internal auction by declaring the same as unsuccessful --- Section 11 ( 1 ) of the Act , 2012 reflected that if the co owners had refused to participate in internal auction , or only one co owner had showed willingness to participate in such auction and other ( s ) were not willing or when the internal auction under section 10 of the Act had falled , then the Court could proceed with open auction and fix the reserve price - In the present case , the Triat Court initiated the proceedings for internal auction but the petitioner failed to appear or to make any offer for the progress in the internal auction ; he continued to be absent from the Court and his counsel kept seeking adjournments on one or the other pretext for more than nine months --- No illegality or irregularity had been noticed in the impugned judgments and orders passed by both the Coun below --- Constitutional petition was dismissed in limine , in circumstances .
Petition No.65237 of 2023
AWAIS GOHAR versus SUMAIRA ADNAN and others
2024 C LC 251
Suit for possession through partition --- Time - period to decide the case --- Civil Court declared that the internal auction had failed and started proceedings for the external auction , which decision was assailed by the petitioner ( defendant / co - owner ) before District Court , however , the same was dismissed --- Section 14 of the Act , 2012 provides specific period of six months to complete the proceedings in such suits from their date of institution --- Process of internal auction was initiated after about eleven months of filing of the present case and the petitioner had already gained about nine months for making a suitable offer or properly assisting the Trial Court in the proceedings of internal auction or showing willingness to participate --- By various means and adopting different tactics the petitioner defeated the very purpose of the Act , 2012 which had been enacted for the purposes of expeditious partition of immovable properties and to provide remedy for ancillary matters --- Respondent - lady throughout the proceedings kept appearing , whereas , the petitioner had even avoided to appear in person and his lawyer had shown no interest in the progress of the case or the internal auction --- No illegality or infirmity had been noticed in the impugned judgments and orders passed by both the Courts below --- Constitutional petition filed by the defendant / co-owner circumstances . Petition No.65237 of 2023
AWAIS GOHAR versus SUMAIRA ADNAN and others
2024 C LC 251
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