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Petitioner: Rana MUHAMMAD SHAFI VS Respondent: JAVED IQBAL SIDDIQUI and others
Court Name: Supreme Court of Pakistan Judge(s): Rana Bhagwan Das, Tanvir Ahmed Khan Title: Rana MUHAMMAD SHAFI vs JAVED IQBAL SIDDIQUI and others Case No.:Civil Petition No,1556-L of 2002 Petition No,1556-L of 2002 W.P. No,4787 of
2002 Date of Judgment:2002-07-01 Reported As: 2003 CLD 1585 Result: Petition dismissed Judgment ORDER ' RANA BHAGWANDAS, J.---Petitioner seeks leave to appeal against the Lahore High Court order, dated 22-7-2002 Court dismissing his Writ Petition No,4787 of 2002 directed assailing an order of the Banking Court No,1, Gujranwala. 2. There is a money decree passed in a suit by A.D.B.P. For the recovery of Rs,2,85,157 against the petitioner. He has statedly paid a sum of Rs,1,97,678 leaving a balance of Rs,87,539. Instead of facing execution proceedings or satisfying the decree, he has been invoking Constitutional jurisdiction of the High Court on the pretext or the other. Pursuant to the direction given in the earlier petition he approached the Banking Court but his application was dismissed. He filed second writ petition before the High Court which has been dismissed with the observation that the petitioner is trying to involve the respondent-Bank and its functionaries into frivolous litigation. 3. We are least impressed with the contention of the learned counsel for the petitioner that he had paid a sum of Rs,50,000 to the Bank or that it has not been accounted for. Proper course for the petitioner is to satisfy the decree or to submit relevant objection before the executing Court instead of harassing the other party. By filing successive writ petitions which are completely misconceived. ' The petition is accordingly dismissed and leave refused.
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