| Case ID |
376cc6d3-b1a6-4252-b3ee-21c25fb7f387 |
| Body |
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| Case Number |
Ist Appeal No. 51 of 2018 |
| Decision Date |
Nov 24, 2022 |
| Hearing Date |
Nov 24, 2022 |
| Decision |
The court dismissed the appeal filed by the appellants/interveners against the order of the Banking Court. The appellants sought to be impleaded in execution proceedings concerning a property that was not part of their legal grievance. The court upheld that the appellants had no standing in the matter as they were not parties to the original suit. The court emphasized that the appellants should approach the appropriate Civil Court for any grievances related to their claim on the flats in question. The dismissal was based on the premise that the legal rights concerning the property were already settled in prior proceedings. |
| Summary |
In the case of Ist Appeal No. 51 of 2018, the Sindh High Court addressed the appeal filed by Muhammad Abdul Qayyum Shaikh and another against Ahmad Construction Co. Ltd. and others. The core issue revolved around the execution of a decree related to the recovery of finances under the Financial Institutions Ordinance. The appellants claimed rightful ownership of certain flats, arguing they should be included in the execution proceedings. However, the court found that the appellants had no connection to the original suit, which involved a loan default from 1976 and 1977. The court highlighted the importance of standing in legal proceedings, ultimately advising the appellants to seek redress in a Civil Court instead. This case underscores the necessity for parties to demonstrate legitimate interests in property disputes, particularly when previous judgments have settled ownership matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Habib Bank Limited,
Middle East Bank Limited,
Ahmed Construction Co. Ltd.
|
| Judges |
Aqeel Ahmed Abbasi,
Kausar Sultana Hussain
|
| Lawyers |
Mirza Sarfraz Ahmed
|
| Petitioners |
MUHAMMAD ABDUL QAYYUM SHAIKH
|
| Respondents |
,
AHMAD CONSTRUCTION CO. LTD.,
Syed Zulfiqar Abbas Zaidi,
Abdul Mateen
|
| Citations |
2023 CLD 541,
2023 SLD 1660
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Civil Procedure Code (V of 1908)
|
| Sections |
19,
22,
10
|