ISLAMABAD: Justice Miangul Hassan Aurangzeb of Islamabad High Court (IHC) imposed a fine on an appellant for dragging her siblings in an unnecessary litigation over a property dispute and dismissed the appeal.

Dr Farah Sohail had filed an appeal against the order of a civil judge in which he declared that the disputed house situated in the posh sector E-7 can be partitioned and gave verdict in favour of the petitioner’s siblings.

Dr Farah Sohail, who occupies the property, impugned the preliminary judgment and decree dated May 8, 2023 passed by the Court of the Civil Judge, Islamabad, on the inheritance dispute over this house.

The house was constructed on a plot measuring 933.33 square yards by Anjum Ara Sabih and Zarina Zaheer who jointly purchased the land from Mohammad Hanif in 1981.

Dismisses appeal against order of civil judge

One portion bearing House No 181-A was in the possession of Anjum Ara Sabih, whereas the other bearing House No 181-B was occupied by Zarina Zaheer. Both these portions have separate gates and a wall between them and constitute the suit property.

After the demise of Anjum Ara Sabih, her share in the suit property was transferred to her four daughters, Dr Farah Sohail, Dr Fouzia Humayun, Huma Sabih and Humaira Sabih.

Zarina Zaheer gifted her share in the suit property to her two daughters Rubina Sadia Rehman and Aaliya Zaheer Jan and in this regard, the Estate Management Directorate of the CDA issued letter on October 25, 2016.

The daughters of Zarina Zaheer have remained in possession of House No.181-B to the exclusion of the other co-owners of the suit property.

With regard to House No181-A, after the demise of Anjum Ara Sabih’s husband, it remained in Dr Farah’s possession to the exclusion of her sisters. The continuation of this state of affairs over a long period caused her three sisters to file a suit for declaration, separate possession through partition.

Dr Farah contested before the court that the suit property could not be partitioned since it was purchased jointly by Anjum Ara Sabih and Zarina Zaheer.

In order to ascertain the factual position, Justice Aurangzeb appointed Ch Abdul Hameed, Advocate as a local commission with the direction to submit a report regarding the approximate value of the appellant Dr Farah and her respondent sisters property and share.

The court also appointed Deputy Registrar Umar Farooq as pro bono Mediator in this matter.

As per report dated Oct 23, 2023 submitted by the mediator, the contesting parties, including respondents participated in the process of mediation but were not able to arrive at an amicable settlement. Thereafter, arguments of the contesting parties were heard by the IHC.

The court dismissed the appeal of Dr Farah and directed her to pay Rs500,000 to each of the respondents.

Published in Dawn, June 23rd, 2024