Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 15---Civil Procedure Code (V of 1908), O.XXI, R.89---Auction proceedings---Sale, setting aside of---Property in question was owned by different persons and was mortgaged at more than one places---Bank, after giving notice to borrower, directly auctioned property in question under S.15 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Earlier, co-owners had filed objection against auction of property, which objection was dismissed by Banking Court and had attained finality---Subsequently, respondent filed objection petition under O. XXI, R. 89, C.P.C., on the ground of being one of the co-owners---Banking Court allowed objection petition and set aside auction of whole property---Validity---Property which was auctioned by bank, was mortgaged by various individuals including co-owners--- Objection petition against auction proceedings in favour of appellant was earlier challenged by co-owners and the same was dismissed by Banking Court and appeal was withdrawn, therefore, auction to the extent of co-owners had already attained finality---Such aspect of the matter was not taken into account by Banking Court while deciding objection petition of respondent and auction proceedings in respect of entire property were set aside---Banking Court was bound to decide fate of auction proceedings only to the extent of objection petitioner---High Court set aside the order passed by Banking Court and remanded the matter to Banking Court for decision afresh to the extent of share of appellant in suit property---Appeal was allowed accordingly. Muhammad Umer Rathore v. Federation of Pakistan 2009 CLC 257; Mir Wali Khan and another v. Manager, Agricultural Development Bank of Pakistan, Muzaffargarh and another PLD 2003 SC 500; Izhar Alam Farooqi Advocate v. Sheikh Abdul Sattar Lasi and others 2008 SCMR 240 and Tehsil Nazim TMA, Okara v. Abbas Ali and 2 others 2010 SCMR 1437 ref. JUDGMENT ABID AZIZ SHEIKH, J.---This judgment will dispose of the instant appeal as well as the connected F.A.O. No.166 of 2007, as both the appeals are against the same impugned order dated 7-12-2007 and common…

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