LAHORE: The Lahore High Court has ruled that final judicial orders cannot be nullified through subsequently obtained ex parte decrees, reinforcing statutory safeguards for overseas Pakistanis in property disputes.
Justice Jawad Hassan, presiding over the matter Javed Masih v. Amar Javed (Writ Petition No. 2345 of 2026, decided 24-06-2026), held that a litigant cannot obstruct the execution of orders that have already attained finality by later securing an ex parte decree through collateral proceedings, particularly when that decree’s operation remains suspended.
The Court further observed that repeated attempts to frustrate final orders constitute an abuse of the process of law and do not warrant interference under constitutional jurisdiction.
The dispute originated from an ejectment petition filed by the petitioner against Respondent 2, based on an alleged sale deed. This was initially accepted by the Special Judge, Rent Court, but was subsequently set aside after Respondent 1 claimed lawful ownership through a registered sale deed and challenged it.ย
The Special Court then directed the petitioner to hand over possession, an order the petitioner unsuccessfully contested before later obtaining an ex parte decree from the Civil Court, Rawalpindi, in an attempt to resist enforcement.
In its judgment, the Court examined the framework of the Overseas Pakistanis Property Act, 2024, noting that Sections 9 to 12 establish a comprehensive mechanism for the expeditious adjudication and enforcement of property rights of overseas Pakistanis, who often face significant hardship in litigating from abroad. The Court emphasised that their contribution to the national economy through remittances underscores the importance of timely justice in such matters.
Finding no illegality or jurisdictional defect in the Special Court’s order, the High Court declined to interfere and upheld the dismissal of the petitioner’s objections, effectively closing off further attempts to delay execution of the possession order.
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