ISIIARAT HUSSAIN SIDDIQUI AND ANOTHER vs NIZAMUDDIN QURESHI AND — 1971 PLD 715

Citation: 1971 PLD 715

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: ISIIARAT HUSSAIN SIDDIQUI AND ANOTHER vs NIZAMUDDIN QURESHI AND JUDGMENT

Headnotes

Case cited as PLD 1971 Karachi 715

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title:ISIIARAT HUSSAIN SIDDIQUI AND ANOTHER vs NIZAMUDDIN QURESHI AND JUDGMENT Reported As: PLD 1971 Karachi 715 Result: Application dismissed Judgment JUDGMENT This is an application under section 47 read with section 151 of the Civil Procedure Code by a judgment-debtor to stop the auction of immovable properties of another judgment, debtor who happens to be his brother. The facts material to this application are as follows : Both the decree- holders are brothers and they were carrying on business with the judgment-debtors. Thus the first decree-holder and the second judgment-debtor were partners of a firm known as the Book Corporation, whilst the first judgment-debtor and the second decree-holder were partners in another firm known as the Central Printing Press. There were disputes between the partners of these firms, which were referred to the arbitration of two arbitrators who were both Advocates of this Court. The said arbitrators gave their award which was filed in this Court and made the rule of this Court in Suit No, 91 of 1965. In the events that happened the decree-holders, who are brothers, became entitled to receive in cash a sum of Rs, 54,366.10 with costs and interest from the judgment-debtors, their former partners; and further, according to this award, the immovable properties of the second judgment-debtor were to be treated as security for the amount decreed by the award. In due course the decree-holders…

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