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.

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