Law: Specific Relief Act, 1877

Section: 54

Law: Civil Procedure Code (V of 1908)

Section: 85,88,114

Specific Relief Act (I of 1877)--- ----S. 54---Civil Procedure Code (V of 1908), O. XXI, Rr. 85, 88 & S.114---Suit for partition, separate possession, perpetual injunction, rendition of account and mesne profit---Review---Execution proceedings---Enhancement of bid amount---Right of legal heir filed review against enhancement of bid issued by Trial Court to respondent who was legal heir in suit property---Plea raised by applicant was that he had already submitted 25% of bid amount being highest bidder---Validity---In all public sales, authorities including court and its staff was to protect interests of parties---Unless highest bid offered by applicant was accepted by court and entire amount was deposited by him, he had no legal right or character in property in question---Preferential right of legal heir was also a legal obligation upon court---Bid of co-sharer according to O.XXI, R.88, C.P.C. had preference over bid of any outsider---Whenever a co-sharer offered to match highest bid and same was not objected by other co-sharers, there could be no reason to refuse such an offer---If a matching or better offer was received from co-sharer and other co-sharers were satisfied with such offer, there would be no need to give notice to higher bidder for enhancing his bid---Order under review was not passed behind back as same was passed in presence of counsel for the applicant---High Court declined to interfere in order passed by Trial Court as there was no merit in application---Review was dismissed in circumstances. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.---Through the listed application, the applicant intends to review the order dated 15-01-2019, whereby an offer by the defendant No. 3 (one of the LRs/shareholders) of matching rather enhancing the bid amount for the purchase of Plot No. 6/9-G, Nazimabad No. 4, Karachi, was accepted. 2. Briefly, the factual matrix of the case is that the plaintiffs and defendants are the legal heirs of deceased Muhammad Zaheer Khan, as such, they are co-sharers in the property in question i.e. built-up house on Plot No. 6/9-G, Nazimabad No. 4, Karachi. In compliance of order dated 23-11-2009 and subsequent…

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