Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XXI, Rr. 58 & 60---Property in suit was not attached at all---Application under O.XXI, Rr. 58 to 60 not maintainable. PLD 1990 Lah. 4 not applicable. (b) Civil Procedure Code (V of 1908)--- ----OXXI, Rr.99, 100 & 1.01---Application under O.XXI, Rr. 99, 100 & 101, C.P.C. can be filed by "any person other than the debtor. (c) Civil Procedure Code (V of 1908)--- ----OXXI, Rr. 99, 100 & 101---Objection petition---Only -debtor could file objection petition after dispossession from property. JUDGMENT SPED HAIDER ALI PIRZADA, J.---This High Court Appeal is directed against orders dated 18-5-1989 and 31-5-1989, passed by a learned Single Judge of this Court in "Execution Application No. 51 of 1988 (Suit No.972 of 1978), whereby he dismissed the appellant's Civil Miscellaneous Application No.1224 of 1989 under Order 21, Rule 58 read with Rules 60, 99, 100 and 101 of the Code of Civil Procedure. The facts leading to the filing of the above appeal are that one Wali Mohmmad Haji Habib Bawany died at Karachi on 25-8-1965 leaving behind the respondents as his legal representatives. It seems that the respondents 14 to 22 had filed a suit for administration and partition and possession of the property No.R.C. 10/21/1, Hardas Street, known as Usman Building Ranchore Lines, Karachi in this Court. A preliminary decree was passed on 26-11-1979. On 10-2-1982, the property was ordered to be disposed of in the manner suggested by the Commissioner. It is not in dispute that the immovable property bearing City Survey No.RC-10/21/1, known as Usman Building situated on Hardas Street Ranchore Lines, Karachi of which building 80% was m the possession of the judgment-debtors and or their tenants and 20% was in the possession of the Decree-holders should be sold and the sale consideration 99, 100 and 101, C.P.C. stating therein that the decree-holders and judgment­ debtors had agreed to sell the aforesaid immovable property for a total sale consideration of Rs.10,25,000 to him. It is alleged in the application that a sum of Rs.5.45,000 has been paid to the group of judgment-debtors and the balance sale consideration amounting to…

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