Mahood Marikkar Mohamed Marzook vs Mahmood Marikkar Ummu Razina – CA NO. 449/98 F-2013

In the case between Mahood Marikkar Mohamed Marzook (Plaintiff) and multiple defendants including Mahmood Zulfan Raleen and Mahmood Marikkar Ummu Majeed (2nd Defendant Appellant), the court addressed the issue of whether a District Judge has jurisdiction to vacate a prior judgment and interlocutory decree in a partition action and to conduct a subsequent retrial. It was determined that such authority is exclusively vested in a court of appellate jurisdiction, and any orders or judgments issued by the District Court in excess of this authority are null and void. The decision reaffirmed the principle that finality of partition decrees may only be disturbed by a superior court in appellate proceedings. This determination relied on statutory provisions regulating partition actions and prior ju