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Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 15, 19 & 22---Civil Procedure Code (V of 1908), S. 12(2), & O.XXI Rr.90, 97, 99 & 103---Suit for recovery of amount---Execution of decree---Sale of mortgaged property---Appeal against of Banking Court---Suit was decreed and decretal amount was recovered by sale of mortgaged property and sale certificate was also issued---Appellants had filed application for setting aside and decree of Banking Court and also sought to assail sale of mortgaged property on ground that certain mortgaged property was owned by them---Appellants had also claimed that they were in uninterrupted possession of suit property and had also matured their title---Appellants had failed to show any bona fide legal interest in mortgaged property which could substantiate their claim---Appellants did not object to proceedings either at the time of creation of mortgage or at time of filing of suit by respondent-Bank or at time of execution proceedings---Appellants had not been able to put forward any legal basis for the claim except that they claimed to be in possession of property, mortgaged land---Appellants having failed to indicate any infirmity in the impugned order, appeal against said order was dismissed. JUDGMENT TANVIR BASHIR ANSARI, J.---This F.A.O. is directed against the order dated 6-9-2004 passed by the learned Judge Banking Court, Sargodha whereby the application made by the appellants under section 12(2), C.P.C. and Order XXI, rules 90, 97, 99 and 103, C.P.C. was dismissed. 2. Briefly the facts are that Zarai Taraqiati Bank Limited (ZTBL), Shahpur Branch filed a suit for the recovery of Rs.4,15,189 against Mst. Nilofar Akram respondent No.2 on 20-7-1999. This suit was decreed vide judgment and decree dated 16-11-1999. The final liquidation liability was ordered by sale and auction of the mortgaged property. The judgment-debtor moved a review petition against the said decree on 10-2-2000 but this application was also dismissed on 1-6-2000. Thereafter, the decree-holder filed execution on 4-12-2001. The decretal amount was recovered by the sale of the mortgaged property. The sale…

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