Raja HAFEEZ UR REHMAN vs GENERAL RICE TRADERS ASSOCIATIONS S — 2023 CLD 175 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 175 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: Raja HAFEEZ UR REHMAN vs GENERAL RICE TRADERS ASSOCIATIONS S
Subject matter: Civil
Provisions referred to: S. 19; S. 47; Civil Procedure Code (V of 1908)

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

Raja HAFEEZ UR REHMAN VS GENERAL RICE TRADERS ASSOCIATIONS S. 19(7)---Civil Procedure Code (V of 1908), S. 47 & O. XXI, R. 89---Constitution of Pakistan, Art. 185(3)---Auction of mortgaged property---Objection by legal heirs of judgment debtor---Civil petition for leave to appeal filed before the Supreme Court---Mere filing of such petition cannot operate as a stay order against a decree or order (of the High Court or Banking Court)---In the present case issue relating to application under S. 47, C.P.C. though was sub-judice before the Supreme Court, but no stay order, had been issued in proceedings thereof, hence the argument of appellant that Banking Court had not taken into consideration the filing of Civil petition for leave to appeal before the Supreme Court did not carry weight---Appeal was dismissed.

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