Law:

Section:

Civil Procedure Code (V of 1908)------.----- ------.-------O. XX, R. 13------.-----Administration suit------.-----Auction proceedings------.-----Application to keep the property by the party------.-----Scope------.-----Confirmation of sale in favour of auction purchaser had not been ordered------.-----Return of deposited amount would not cause prejudice to the auction purchaser------.-----Defendants intending to keep the property with them directed to deposit the share amount of plaintiff within a period of six months failing which auction proceedings in favour of auction purchaser should stand restored------.-----Auction purchaser would be at liberty to withdraw/collect his amount from the Nazir------.-----Application to keep the property by the defendants was accepted in circumstances. THIS JUDGMENT DELIVERED BY: SALAHUDDIN PANHWAR, JUSTICE:------.----- Through an application under section 151, C.P.C. (C.M.A. No.15083/15), the defendants have prayed for retaining the subject property by paying the share amount of the plaintiff. 2. Heard learned counsel for respective parties and perused the record. 3. To understand the back-ground of the instant application, it would be proper to have a glance over the history of matter. The record shows that plaintiff Imtiaz Ali Effendi filed instant suit for Administration, Partition, injunction Mesne profit against his own sisters. The preliminary decree was passed. 4. A reference to earlier orders, passed in the matter shall make position clear hence are referred hereunder:-- "Order dated 9.7.2013. I have heard.. The plaintiff and defendants' counsel shall cooperate and assist the Nazir in coming up to a just and proper valuation. After this exercise with regard to the shop in question both the properties be put to auction and the proceeds thereof be distributed amongst the legal heirs of the deceased since the parties at present have not shown their desire to buyout shares of other legal heirs in terms of valuation of the Bungalow at least. However before the properties are auctioned, first the plaintiff and defendants shall have a right of refusal and/or to buyout shares of others...." "07.02.2014 Today in the court the…

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