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ABDUL BASIT KHAN vs BANK ISLAMI PAKISTAN LIMITED Ss — 2024 CLD 631 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLD 631 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLD
Parties
ABDUL BASIT KHAN vs BANK ISLAMI PAKISTAN LIMITED Ss
Subject matter
Civil
Provisions referred to
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

ABDUL BASIT KHAN VS BANK ISLAMI PAKISTAN LIMITED Ss.19 & 22---Civil Procedure Code (V of 1908), S. 47 & O.XXI, R. 60---Execution proceedings---agreement to sell---Right of purchaser---Scope---appellant was aggrieved of execution proceedings on the plea that he was owner of mortgaged property on basis of agreement to sell in his favour---Validity---Executing Court had power under S. 47, C.P.C., to determine questions arising out between the parties to the suit---appellant had come in picture after passing of judgment and decree hence was a stranger in the findings---In terms of O. XXI, R.60, C.P.C., release of property from attachment could be allowed only in case the objector/claimant had a title or right over it---appellant had no valid title in his favour and there was a registered document whereby judgment debtor was the sole owner of the subject property---High Court declined to interfere in execution proceedings---appeal was dismissed, in circumstances.

Other judgments reported in 2024 CLD

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