70/2016 R.A (Civil Revision) Syed Abdul Ahad (Applicant) V/S Abdul Shakoor and others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 11-JUN-18
Civil Procedure Code (V of 1908)--- ----O. XXI, Rr. 89 & 26---Execution petition---Auction of property---Objections---Suit seeking declaration that proceedings before Executing Court were illegal---Scope---Objection was raised that the property to be auctioned was never allotted to the judgment-debtor---Executing Court dismissed the objection petition---Validity---Petitioner was not owner of suit shop to be auctioned by the Executing Court---Executing Court could not consider any document or orders passed in any other suit subsequently filed by the objector---Similar controversy could not be raised through another civil suit with regard to the same property---Objector could seek relief in a separate suit---Civil Court could neither declare proceedings of Executing Court as illegal nor regulate the property involved in the execution proceedings---Judgment and decree of one civil Court could not be nullified by another---Official Assignee (Nazir) had neither issued any notice to any of the judgment-debtor before inspection of property to be auctioned nor he appeared to have been physically present at the inspection---Report of Nazir did not disclose as to how and who identified suit shop to the inspection team---Proceedings in civil suit filed subsequently could not have any bearing on the orders of Executing Court---Applicant had no right to retain possession nor any order of civil Court passed in other civil suit would have effect of setting aside any of the orders of Executing Court for auction and possession to auction purchaser---Auction of suit shop was lawful and auction purchaser was entitled for possession being lawful owner under authority of Court order/decree---Official Assignee (Nazir) was directed to take possession of suit shop and hand over its possession to the auction purchaser---Revision was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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