Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-----S.19-Execution of decree---Sale of mortgaged property---Suit by mortgager to declare such property as not mortgaged in favour of Bank---Dismissal of mortgagor's suit by Trial Court remained upheld up to Supreme Court---Mortgagor's objection as to non-existence of mortgage---Executing Court rejected such objection and confirmed sale in favour of purchaser---Validity---Controversy as to existence or otherwise of mortgage had been finally resolved at the level of Supreme Court---Executing Court was justified in not allowing mortgagor to raise such issue de novo---Decree under execution had been passed jointly and severally against all defendants including mortgagor---Factum of mortgage having been recognized, misdescription in decree regarding mortgagors would be a clerical mistake---High Court dismissed appeal in circumstances. Asim Mansoor Khan for Appellant. ORDER 1. Granted. 2. Granted subject to all just exceptions. 3 and 4. This appeal is directed against the order of the III-Banking Court, Karachi confirming sales of her property in favour of the respondent No.8. It appears that the respondent No.1 had filed a suit for recovery of the amount of outstanding debts against the appellants and respondents Nos.2 to 7. It was alleged that some money was advanced to the respondent No.2 company and as security for repayment a property owned by appellant and the respondent No.3 was mortgaged. Respondents Nos.3 to 8 had executed personal guarantee for repayment. The suit was jointly and severally decreed as against the appellant and the respondents Nos.2 to 8 and the judgment and decree was not questioned before any higher forum. The appellant had also filed a suit for declaration that the property in question had not been mortgaged in favour of the…

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