MUHAMMAD MAQSOOD vs TAUHEED SULTAN O — 2022 CLC 509 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 509 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: MUHAMMAD MAQSOOD vs TAUHEED SULTAN O
Subject matter: Civil
Provisions referred to: S. 151---; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD MAQSOOD VS TAUHEED SULTAN O.XXI, Rr. 66, 68, 89, 90 & S.151---auction of property under administration of Court---Petitioner filed application on 11/01/2021 expressing offer to purchase property---Public notice was published on 16/01/021 and auction was conducted on 01/02/2021 with an offer received from respondent who duly deposited 1/4th of total sum---No objection from parties---Petitioner (a third party) raised objections that auction had ensued without notice specifically having been issued to petitioner and that publication contained certain defects---Petitioner claimed auction proceedings to be cancelled and auction be conducted afresh---Objections were concurrently dismissed---Petitioner contended that an intimation ought to have been given to him regarding auction proceedings; that timeframe constituted in violation of O.XXI, R.68 of Civil Procedure Code, 1908; that only two persons had participated in the auction (respondent and wife of another respondent); that there was discrepancy regarding deposit of balance sale consideration---Respondent's contention that petitioner being stranger to suit had no vested right/interest in suit property, hence had no locus standi to raise objection---Validity---Held, there was no error/illegality afflicting the impugned orders as no right ever accrued in favour of the petitioner, who accordingly had no locus standi to apply for re-auction---Respondent was evidently a bona fide purchaser and sale in his favour had become sacrosanct and could not be disturbed---Constitutional petition was dismissed accordingly.

Other judgments reported in 2022 CLC

2022 CLC 529 KARACHI-HIGH-COURT-SINDHAIR INDUS (PVT.) LTD. VS PAKISTAN CIVIL AVIATION AUTHORITY, through Director General, PCAA, Terminal-1, Jinnah International Air Port, Karac…
2022 CLC 442 KARACHI-HIGH-COURT-SINDHSyed ASGHAR ALI SHAH VS PROVINCE OF SINDH through Secretary Local Government Department Government of Sindh at Karachi S.120(3)---Corruption…
2022 CLC 1992 LAHORE-HIGH-COURT-LAHOREMEPCO CHIEF EXECUTIVE OFFICER VS FAZAL CLOTH MILLS LTD. Even a void order has to be assailed within the period of limitation prescribed unde…
2022 CLC 1992 LAHORE-HIGH-COURT-LAHOREMEPCO CHIEF EXECUTIVE OFFICER VS FAZAL CLOTH MILLS LTD. "Special law"---Connotation.
2022 CLC 1891 LAHORE-HIGH-COURT-LAHOREKHAN MUHAMMAD VS MUHAMMAD SADIQ S.100---Second appeal---Scope---Scope of interference in second appeal is narrower and restricted, which can…
2022 CLC 762 LAHORE-HIGH-COURT-LAHOREMst. SAFIA BIBI VS ADDITIONAL DISTRICT JUDGE art.227---Quran and Sunnah, injunctions of---Repugnancy---Constitution guarantees that every la…

Back to the case-law library · Search Pakistani case law in Urdu or English