Case Details

Citation(s)
2007 SLG 3184 2007 SLD 3184 2007 PLJ 1154
Lahore High Court
EFA No. 53 of 2006, heard on 6.3.2007.
MAULVI ANWAR-UL-HAQ AND SYED ASGHAR HAIDER, JJ.
Mr. Shazib Masud, Advocate for Appellants. Mr. Shoaib Zafar, Advocate for
Respondent No. 1. Kh. Saeed-uz-Zafar, Advocate for
Respondent No. 2.

M//s. ALI ABBAS (PVT.) LTD., KASUR and 2 others--Appellants

VS

INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN and 2 others--Respondents

Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115 & O. XXI, Rr. 85, 85, 89, 90, 91 & 92--Execution of mortgaged property--Application for confirmation of sale and delivery of possession--Dismissed for non-prosecution--Second appeal also dismissed to be time barred--Civil revision--Once a sale has ben completed then unless and until it is set-aside the executing Court is bound to pass an order for confirmation of sale, whereupon it is to become absolute--Second, execution application could be entertained, logical conclusion was that it was in continuation of first application. [Pp. 1156 & 1157] A & B Judgment Maulvi Anwar-ul-Haq, J.--A money decree passed in favour of the Respondent No. 1-Bank and against the appellants on 12.5.2000 was put into execution vide application dated 28.9.2001. Inter alias, the decree was sought to be executed by the sale of mortgaged property. The mortgaged property was ordered to be sold. As per report filed by the Court Auctioneer, the sale was conducted on 6.3.2004, It was knocked down to Respondent No. 2 for Rs. 6,26,000/-. The report was filed in Court on 9.3.2004 and there is a note by the reader of the Court that the Presiding Officer had been transferred. He adjourned the case to 10.4.2004. On this date, the auction purchaser filed an application for confirmation of the sale and delivery of possession. Notices were issued to the decree holder and its counsel for 20.4.2004. On this date the case was adjourned for reply and arguments on the said application for 6.5.2004. On this date, it was noted that no one is present despite repeated calls. The execution application as well as the application filed by the judgment-debtors and the one filed by the auction purchaser were dismissed in default. This was done by learned Judge, Banking Court-IV, Lahore. 2. On 30.7.2004 a fresh execution application (No. 67/F/2004) was filed by the Respondent No. 1-Bank for execution of the same decree. In this application, the factum of filing of the earlier execution application, the sale, the filing of objection petition by the judgment-debtors and dismissal of all the said applications for non-prosecution was mentioned. It was…
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