| Case ID |
2de5f1a7-3de9-42e0-8344-dcca25c498c6 |
| Body |
View case body. Login to View |
| Case Number |
Execution Appl. No. 24 of 2006 |
| Decision Date |
Mar 03, 2010 |
| Hearing Date |
Dec 23, 2009 |
| Decision |
The Sindh High Court ruled on the execution application concerning a decree for the recovery of a significant amount. The decree-holder sought to execute the decree through the sale of the judgment-debtor's assets. The court found that the total value of the property was significantly higher than the decretal amount, justifying a partial sale. The court allowed the judgment-debtors to propose a sale of only part of the assets to satisfy the decree, rather than selling the entire property. This decision emphasized the need for proportionality in execution proceedings, ensuring that sales conducted are not excessive in relation to the amounts owed. |
| Summary |
In the case of Execution Appl. No. 24 of 2006, the Sindh High Court addressed a dispute involving the execution of a decree related to a significant financial obligation. The case highlighted key aspects of the Civil Procedure Code, particularly the provisions concerning the execution of decrees and the sale of assets. The court's decision underscored the principle that execution sales should not be disproportionate to the amount owed, allowing the judgment-debtor to satisfy the decree through a partial sale of assets. The ruling is pivotal for understanding how courts balance the rights of decree-holders with the protections afforded to judgment-debtors, ensuring fair treatment in the execution process. The decision is significant for legal practitioners and stakeholders involved in similar execution applications, emphasizing the judicial caution exercised in asset sales during recovery proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN KARACHI
|
| Judges |
FAISAL ARAB
|
| Lawyers |
Mr. Salim Salam Ansari,
Amir Malik,
Mst. Sofia Saeed Shah,
Mr. M. Masood Ghani
|
| Petitioners |
Not available
|
| Respondents |
MESSRS BACHANI SUGAR MILLS LTD.,
6 Others
|
| Citations |
2010 SLD 1035,
2010 PLJ 112
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code, 1908
|
| Sections |
83(3)
|