60/2020 I. A Abdul Basit Khan (Appellant) V/S Bank Islami Ltd & others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana
60/2020 I. A Abdul Basit Khan (Appellant) V/S Bank Islami Ltd & others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Jawad Akbar Sarwana Order Date: 04-DEC-23
*the appellant is none but a stranger to these proceedings and the observation of the executing Court does not call for any interference as it is a dispute between financial institution and the customer and appellant is thus not in any way a proper and necessary party and that too after the disposal of suit, when it was decreed and execution proceeded. ** In terms of Order XXI Rule 60 CPC release of a property from attachment can be allowed only in case the objector/claimant had a title or right over it, whereas in the instant case on one hand appellant has no valid title in his favour and on the other there is a registered document whereby the judgment debtor is the sole owner of the subject property