| Case ID |
52aeab91-c8c6-4d50-ad93-eb5d207ce53c |
| Body |
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| Case Number |
F.A.O. No. 113 of 2002 |
| Decision Date |
Jul 01, 2003 |
| Hearing Date |
|
| Decision |
The Lahore High Court found that the execution proceedings lacked essential details regarding the property being auctioned, such as its location and boundaries. The Court ruled that the absence of this information rendered the auction invalid. The Court emphasized that necessary inquiries must have been made to ascertain the exact property subject to the mortgage before proceeding with the auction. Consequently, the objection raised by the appellants was dismissed in an unwarranted summary manner. The Court set aside the impugned order and directed the executing Court to determine the factual controversy based on the evidence presented. |
| Summary |
In this case, the Lahore High Court addressed the execution of a decree involving the auction of mortgaged property. The auction lacked critical details regarding the property, leading to questions about its ownership and the validity of the sale. The Court highlighted the need for thorough inquiries to establish the exact property involved in the mortgage. The decision emphasized the importance of providing adequate property descriptions in auction proclamations to ensure fairness and legal compliance. The ruling reinforces the necessity for courts to conduct proper investigations in property disputes, particularly in cases of undivided properties. Keywords include 'mortgage property auction', 'execution of decree', 'property ownership disputes', 'Lahore High Court rulings', and 'legal compliance in auctions'. |
| Court |
Lahore High Court
|
| Entities Involved |
MUSLIM COMMERCIAL BANK LIMITED
|
| Judges |
MIAN SAQIB NISAR,
JAWWAD S. KHAWAJA
|
| Lawyers |
Khizar Abbas Khan,
Mushtaq Ahmad Khan,
Mukhtar Abbas
|
| Petitioners |
another,
Mian MUHAMMAD BAKHSH
|
| Respondents |
2 others,
MUSLIM COMMERCIAL BANK LIMITED
|
| Citations |
2004 SLD 2114,
2004 CLD 982
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Civil Procedure Code (V of 1908)
|
| Sections |
7,
19(7),
O.XXI, Rr.58,
O.XXI, Rr.62
|