RAWALPINDI: The Lahore High Court (LHC) has upheld the restoration of a disputed property to an overseas Pakistani, dismissing a petition that sought to stop the execution of an earlier court order.

In a detailed judgement, Justice Jawad Hassan upheld the order of the special court constituted under the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025, observing that the petitioner had repeatedly approached different forums in an apparent attempt to delay implementation of binding court orders.

The case arose from a dispute over a villa in Bahria Town Rawalpindi. The petitioner, Javed Masih, had secured an ejectment order against an occupant on the basis of an allotment letter. However, Amar Javed, an overseas Pakistani claiming ownership through a registered sale deed executed in 2017, challenged the proceedings. The special court later set aside the ejectment order and directed restoration of the possession to Mr Javed through his attorney.

After challenging the orders before the high court and withdrawing an appeal against a subsequent execution order, the petitioner obtained an ex parte decree from a civil court and relied on it to resist execution. The special court dismissed his objections, prompting the present constitutional petition.

Ex parte decree could not override judicial orders that have already attained finality, says court orders

Rejecting the petition, Justice Hassan held that the ex parte decree could not override judicial orders that had already attained finality, particularly when the decree itself had been suspended by the civil court after an application under Section 12(2) of the Civil Procedure Code.

The court observed that rights crystallised through final judicial determinations cannot be defeated by subsequently obtaining an ex parte decree in collateral proceedings. It added that the petitioner, under the guise of filing objections, was effectively attempting to reopen issues that had already been conclusively decided, which is impermissible in law.

The judgement discussed the constitutional and statutory framework protecting overseas Pakistanis. Referring to earlier precedents of the LHC and the Supreme Court, Justice Hassan observed that overseas Pakistanis are entitled to the same constitutional protection as other citizens but cannot claim preferential treatment.

At the same time, the court recognised that they constitute a distinct class because of the practical difficulties they face in pursuing litigation while living abroad, justifying special legislative measures for expeditious adjudication of their property disputes.

The court noted that the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025 was enacted to ensure speedy resolution of property disputes involving overseas Pakistanis through specialised courts, strict timelines, limited adjournments, automatic execution of decrees and safeguards against frivolous objections intended to delay enforcement.

Holding that no jurisdictional defect, illegality or material irregularity had been shown in the special court’s order, the high court concluded that its constitutional jurisdiction under Article 199 could not be invoked to reopen matters already settled between the parties. The writ petition was accordingly dismissed.

Published in Dawn, July 4th, 2026