Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 19 & 22---Suit for recovery of amount---Execution proceedings---First appeal---Original owner of property in question having died, his property devolved upon his widow, four sons and two daughters---Widow of deceased inherited 1/8th share while sons and daughters had inherited their due shares according to Islamic Law of inheritance--Property in question, in circumstances could not be sold as a whole and the Court should have determined shares of appellants/share-holders and only could have put on sale shares of those appellants against whom decree was passed, and not the entire property---Impugned order was set aside and matter was sent back to Banking Court for determining exact share of each appellant. JUDGMENT MIAN SAQIB NISAR, J.---It is stated by the learned counsel for the appellants that the property was originally owned by Muhammad Shafique and his wife Mst. Parveen Kausar to the extent of 3/4th and 1/4th share respectively. Muhammad Shafique died and his share in the property devolved upon…

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