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Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) S.18 Constitution of Pakistan (1973), Art 199 Constitutional petition Execution of decree Petitioners claiming to be bona fide purchasers of mortgaged property filed objection petition, which was dismissed for non prosecution on 29 1 1997 Banking Court on 20 5 1997 consigned execution petition to record room, when Bank desired to sell the mortgaged property itself Petitioners challenged order dated 20 5 1997 through Constitutional petition Maintainability Real grievance of petitioners should have been against the order dated 29 I 1997 and not order dated 20 5 1997 Petitioners could file application for restoration of objection petition or fresh objection petition, but they had not availed such remedies at the relevant time Order dated 21 1 1997 had attained f finality, which had not been challenged even in the Constitutional petition Failing to avail such alternate, adequate and efficacious remedy at appropriate stage would disentitle the petitioners to invoke Constitutional jurisdiction of the High Court Petitioners being not aggrieved persons within the ambit of Art 199(1) of Constitution, High Court dismissed the Constitutional petition. JUDGMENT Through the institution of this Constitutional petition, the petitioners have called in question order dated 20 5 1997 (Annex F) with the prayer that the same may be declared as unlawful and the objection petition, filed by the petitioners, be decided on merits. 2. Facts leading to the filing of the present writ petition are that the petitioners claimed to be a bona fide purchaser of House No.33 G, Gulberg III, Lahore, vide sale deed registered on 9 5 1988 from a vendor, who statedly purchased the same property from one Mst. Sitara Begum vide sale deed dated 8 3 1983. The writ petition further narrates that suit for the recovery of Rs.5,18,735.52 was decreed ex pane, on 12 7 1991, against respondent No.2. Pursuant to the above, respondent No. 1 filed an execution application, through which the aforesaid property was ordered to be auctioned. According to the petitioner, on attaining the said knowledge, he filed an objection…

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