| Case ID |
d73b2a3f-8a14-4874-8bca-456f0932de31 |
| Body |
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| Case Number |
Execution Nos.55 of 1997, 50 of 1985, 20 of 1991, |
| Decision Date |
Aug 09, 2005 |
| Hearing Date |
|
| Decision |
The court ruled on the distribution of sale proceeds from the auction of a mortgaged property owned by the judgment-debtor, HUSSAIN MUMTAZ. It established the order of priority for claims against the sale proceeds, emphasizing that the expenses incurred during the sale process, government dues, and taxes take precedence over other claims. The court clarified that mortgage decree-holders, while having certain rights, must adhere to the legal framework outlined in the Civil Procedure Code. Ultimately, the court directed that the proceeds be distributed based on the established priorities, ensuring that statutory claims, such as those from the Karachi Port Trust, were satisfied before other creditors. |
| Summary |
In the case concerning the distribution of sale proceeds from the execution of a mortgage decree, the Sindh High Court addressed the complexities surrounding the allocation of funds among various claimants. The court emphasized the importance of adhering to the Civil Procedure Code, particularly Section 73, which outlines how proceeds from execution sales should be distributed among multiple decree-holders. The ruling also highlighted that government dues and statutory claims, such as those from the Karachi Port Trust, take precedence over the claims of secured creditors. This decision underscores the necessity for creditors to understand their rights and the legal framework governing the distribution of sale proceeds in execution cases. The court's decision serves as a critical reference point for future cases involving competing claims on execution sales, particularly in the context of mortgage and property law. This case is a significant reminder of the legal principles that govern the distribution of proceeds in mortgage-related execution sales, ensuring that statutory obligations are prioritized. |
| Court |
Sindh High Court
|
| Entities Involved |
United Bank Limited,
Karachi Port Trust,
,
Employees Union of National Tyre and Rubber Company,
Mrs. Mirret Zaki
|
| Judges |
MUSHIR ALAM
|
| Lawyers |
Kazim Hassan,
Muhammad Arif Khan,
Asim Mansoor,
Shoa-un-Nabi
|
| Petitioners |
STATE LIFE INSURANCE CORPORATION OF PAKISTAN
|
| Respondents |
HUSSAIN MUMTAZ
|
| Citations |
2006 SLD 255 = 2006 CLC 415
|
| Other Citations |
I.D.B.P. v. Maida (Pvt.) Ltd. 1994 SCMR 2248,
Abu Miyan v. Abdul Ghani PLD 1974 Kar. 39,
Habib Bank Ltd. v. Rudolf Donhi (1999) 80 Tax 99,
Shanti v. K.T.C. 2000 CLC 595
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
73,
O. XXXIV, R. 13
|