Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD NAEEM and another VS Respondent: BANK OF KHYBER through Branch Manager and 2 others
Court Name: Lahore High Court Judge(s): Mian Saqib Nisar, Fazal-e-Miran Chauhan Title:MUHAMMAD NAEEM and another vs BANK OF KHYBER through Branch
Manager and 2 others Case No.: F.A.O. No.171 of 2005 Date of Judgment:2006-10-05 Reported As: 2007 CLD 852 Result: Order accordingly Judgment ORDER Learned counsel for the respondents has no objection if the impugned order is set aside and matter is sent back to the trial Court, which shall decide the case after framing of issues and recording evidence of the parties on the point whether service of the appellants was effected upon a correct address or otherwise. However, it has been agreed between the parties that till the disposal of the application of the appellants under section 12(2) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 by the Banking Court the appellants shall not alienate or encumber the property, which the respondent-Bank claims to have been mortgaged with it whereas, the respondents/decree-holder shall not get the decree executed against the appellants, till such decision.