MUHAMMAD SAEED vs KHAN AURANG ZAIB O — 2025 CLC 1549 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SAEED VS KHAN AURANG ZAIB O.XXI, R. 89---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Sale of surety's property in execution of decree---Vested/ valuable rights in favour of auction purchaser, accrual of---Scope---Once the auction sale is confirmed, the auction purchaser cannot be divested of the property, and a Constitutional petition is not maintainable to challenge the concluded sale proceedings---Facts of the case in brevity were that the petitioner, acting as a surety for the execution of a decree passed in favour of respondent No.1 (decree holder) against respondent No.2 (judgment debtor), sought the release of his property under Order XXI, Rule 89, C.P.C., however, the property had already been sold in auction and the sale was confirmed---The Trial Court dismissed petitioner's application for release of property and such dismissal was upheld by the district court/ appellate court---Petitioner, through a Constitutional petition under Art. 199 of the Constitution challenged the vires of the said orders---Core point for consideration by the High Court was as to "Whether the petitioner, acting as a surety, could seek release of property under Order XXI Rule 89, C.P.C., after the auction sale of the property was confirmed?"---Held: Once a sale was confirmed in favour of the successful bidder and subsequently sale certificate was also issued then at a belated stage the auction purchaser could not be deprived of the auctioned property because he gained valuable rights upon confirmation of the sale, including the right to possess the property, transfer of ownership, and protection against subsequent claims that were not based on fraud or irregularity---High Court emphasized that such rights were generally protected by law, including the C.P.C., and were subject to the terms and conditions of the auction---Constitutional petition was dismissed, in circumstances.

MUHAMMAD SAEED vs KHAN AURANG ZAIB O — 2025 CLC 1549 LAHORE-HIGH-COURT-LAHORE

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