Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXI, R.85---Constitution of Pakistan (1973), Art.185(3)---Execution of decree---Sale of mortgaged property---Failure to pay purchase money into the court within stipulated time---For satisfaction of decretal amount, property in question was put to auction under the order of the Executing Court---Auction purchasers had failed to deposit balance amount of the auction within specified period of 15 days, but despite that Executing Court approved the sale made through auction against the mandatory provisions of O. XXI, R.85, C.P.C.---Possession of the property in question had not yet been delivered to the auction purchasers---Auction purchasers were directed by Supreme Court to deposit Rs.15,00,000 (Rupees fifteen lac) with the Registrar of the Supreme Court within 15 days, in the meanwhile, the warrant for delivering the possession of the property in question to the purchasers, was stayed and status quo in respect of property in question was ordered to be maintained. Manilal Mohanlal Shah and others v. Sardar Sayed Ahmed Sayed Mahmd and another AIR 1954 SC 349; Balram son of Bhasaram v. Main Singh and others AIR 1996 SC 2781 and Afzal Maqsood Butt v. Banking Court No. II, Lahore and others PLD 2005 SC 470 ref. Sajid Mahmood Sheikh, Advocate Supreme Court for Petitioners. Nemo for Respondents. ORDER It has, inter alia, been contended by the learned counsel for the petitioners in these two petitions that in respect of finance facility advanced to the firm decree was passed by the learned Judge Banking Court-IV, Lahore, on 8-2-1999, which admittedly according to the learned counsel attained finality and for satisfaction of the decretal amount, the property in question comprising of a residential house bearing No.6 Street No.12, (Karim Street) Mohallah Kachupura, Lahore measuring 5 marlas was put to auction under the orders of the learned Executing Court. The learned counsel further submitted that the said property was put to auction against a sum of R.s.12,75,000 and sold to Muhammad Gulzar respondent No.2 which eventually was finalized/confirmed and sale certificate accordingly was issued. The learned Advocate Supreme Court…

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