NATIONAL TILES AND CERAMICS LTD. vs SINDH BANK LIMITED Ss — 2024 CLD 264 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLD 264 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLD
Parties: NATIONAL TILES AND CERAMICS LTD. vs SINDH BANK LIMITED Ss
Subject matter: Civil

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

NATIONAL TILES AND CERAMICS LTD. VS SINDH BANK LIMITED Ss. 29 & 22---Execution of decree---auction purchaser, rights of---appellants/Judgment Debtors were aggrieved of sale of suit property during auction proceedings---Validity---appellants/Judgment Debtors failed to identify any illegalities in proclamation of sale, its publication and the conduct of sale in execution---appellants/Judgment Debtors, including other members of their family, did not bring anything on record to assail auction proceedings---No cogent reason was advanced by appellants/judgment debtors or their family to set aside sale on the grounds of irregularity or fraud---High Court declined to set aside the sale on the plea that suit property was a residential bungalow occupied by members of the family and it should not be sold---appellants/Judgment Debtors did not justify setting aside the sale to the detriment of auction-purchaser---auction-Purchaser consistently obeyed the orders of Executing Court and had successfully achieved all the milestones during auction proceedings, including, depositing of entire enhanced/increased purchase-price pursuant to O. XXI, R. 85, C.P.C.---Court could not be prejudiced against a party that had obeyed them---auction-Purchaser acquired legal rights and interest in the purchased Banking Suit Property---High Court declined to interfere in the order passed by Executing Court as no legal grounds were urged to set aside sale of suit property and the order was passed on proper appreciation of facts and law---appeal was dismissed, in circumstances.

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