Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 19---Civil Procedure Code (V of 1908), O. XXI, Rr. 66 & 89---Law Reforms Ordinance (XII of 1972), S. 3---Intra Court Appeal---Auction sale---Publication in one newspaper only---Execution of decree---Auction proceedings, setting aside of---Appellants as legal heirs of deceased borrower filed objections to sale through auction of suit properties---Plea raised by appellants was that matter was not put to open auction---Validity---Though publication was made in one newspaper instead of two but such non-publication of advertisement in two newspapers had no material bearing on auction proceedings, as one auction purchaser had appeared before the court and offered bid which was accepted, whereas contesting parties including appellants had option to match the bid or offers, which they failed to do so, despite having sufficient time---Objection in such regard was correctly overruled by Single Judge of High Court---Plea raised by appellants was not tenable and was misconceived as the matter was put to open bid amongst the parties and in fact the same had been recorded in the order of court, whereby respondent was offered to buy the property for which sufficient time was also given, however, subsequently, he failed to do the needful and did not deposit 25% of bid amount, whereafter offer of auction purchaser was accepted by High Court---Objection regarding open auction was correctly disregarded by Single Judge of High Court---Appellants failed to point out any error or omission in order passed by Single Judge whereas no substantial ground was raised through appeal which required any interference by Division Bench of High Court---Intra Court Appeal was dismissed in circumstances. ORDER MUHAMMAD JUNAID GHAFFAR, J.---Through instant appeal, the appellants have impugned the order dated 21-8-2014 passed by a learned Single Judge of this Court, whereby, the objections raised on behalf of the appellants with regard to the sale of immovable property bearing No.D.144, Block-5, F.B. Area, Karachi have been dismissed and the earlier order passed on 17-7-2014 has been confirmed and the Nazir of this…

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