Law: Civil Procedure Code (V of 1908)

Section: 65,O.XXI,Rr.84,89,90,91

Law: Code of Civil Procedure (Amendment) Ordinance (X of 1980)

Section: 15

Civil Procedure Code (V of 1908)--- ----S. 65 & O. XXI, Rr. 84, 89, 90 & 91---Code of Civil Procedure (Amendment) Ordinance (X of 1980), S.15---High Court appeal---Execution proceedings---Sale in auction---Ownership rights---Appellant was aggrieved of order of re-auction of property passed by Single Judge of High Court---Title in immovable properties did not transfer in favour of highest bidder at the time when auction was held and highest offer of bidder was forwarded to court for acceptance---Auction by court under O. XXI, R. 84, C.P.C. was subject to proceedings under O. XXI, Rr. 89, 90 & 91, C.P.C. in which proceedings, sale was either to be 'set aside' or 'confirmed'---As soon as sale was confirmed or otherwise stood confirmed upon deposit of balance sale consideration then under S. 65, C.P.C. ownership right in auction property was deemed as having vested retrospectively in succeeding bidder, i.e., from date when auction in respect of property was held---Division Bench of High Court set aside order passed by the Single Judge of High Court as same was erroneous, illegal and without jurisdiction---High Court appeal was allowed in circumstances. Muhammad Ikhlaq Memon v. Zakaria Ghani and others 2005 CLD 1589; Zakaria Ghani and 4 others v. Muhammad Ikhlaq Memon and 8 others PLD 2016 SC 229 and Shahzaibul Hassan Khan v. Mian Muhammad Ahmed and 2 others 2017 CLC 1539 ref. THIS JUDGMENT DELIVERED BY: AZIZ-UR-REHMAN, JUSTICE:---.--- - By means of this High Court Appeal filed on 06.04.2017, under Section 15 of the Code of Civil Procedure (Amendment) Ordinance X of 1980 [Muhammad Anwar v. Munawar Ali and others], the appellant has challenged the impugned order dated 24.03.2017, passed by the learned Single Judge of this Court on C.M.A. No.18009/2016, filed by Defendant No.2 [Respondent No.1 herein] in Civil Suit No.127 of 2010 [Muhammad Sarwar and others v. Muhammad Anwar and others], whereby, the learned Single Judge directed the Nazir of this Court to put the property i.e. House No.B-185, Khudad Colony, Karachi, admeasuring 136.56 sq. yards, having ground plus two storey building [hereinafter subject property] to re-auction, with permission to everyoneincluding…

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