Law:

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Civil Procedure Code (V of 1908)-------O.XLI, R.5---Money decree---Appeal against---Application for stay of execution of such decree---Acceptance of such application by High Court without notice to respondent on furnishing security by appellant to cover decretal amount---Plea of respondent that he had serious reservations regarding evaluation of property furnished as security--Validity---Supreme Court, with the agreement of both the parties, treated impugned order as interim one to enable respondent to raise before High Court objections to suspension of execution proceedings and partially allowed appeal and deeming such application pending before High Court, which would decide the same afresh after hearing the respondent. Messrs Arkywas (Pvt.) Limited v. Federation of Pakistan PLD 1992 SC 250 distinguished. Masud Abid Naqvi, Advocate Supreme Court for Petitioners. Gulzarin Kiyani, Senior Advocate Supreme Court for Respondents. Date of hearing: 1st November, 2010. JUDGMENT NASIR-UL-MULK, J.---The petitioners and the respondents belong to the same family and a dispute arose between them over proceeds from the sale of a joint property. As a result, the petitioners filed two suits for recovery against the respondents. The suits were consolidated and a partial decree for a sum of Rs.4,84,00,000 was passed in favour of the petitioners. The judgment and decree were assailed by the petitioners as well as by the respondents. The petitioners filed an application for execution of the decree. The respondents in their appeal, filed another application (C.M. No.1/C of 2010) for suspension of the execution proceedings of which notice was given to the petitioners on 30-3-2010. The respondents moved two more applications (C.M. Nos.2/C and 3/C of 2010) on which the Court by order dated 23-6-2010, without notice to the petitioners, directed the respondents to file fresh evaluation of the property furnished as security for the decretal amount. The application was adjourned to 23-6-2010. On the said date the case was further adjourned to 8-7-2010 to provide another opportunity to the respondents to produce evaluation report. In the meanwhile, another application (C.M. No.4/C of…

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