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Petitioner: MUHAMMAD ASIF VS Respondent: ZARAI TARQIATI BANK LIMITED, PHALIA MANDI, BAHAUDDIN and 3 others
Court Name: Lahore High Court Judge(s): Mian Saqib Nisar, Hafiz Tariq Nasim Title:MUHAMMAD ASIF vs ZARAI TARQIATI BANK LIMITED, PHALIA MANDI, BAHAUDDIN
and 3 others Case No.: F.A.O. No,10 of 2008 Date of Judgment:2009-02-03 Reported As: 2011 CLD 316 Result: Appeal allowed Judgment ORDER ' Counsel for the respondent-Bank has raised an objection that the present F.A.O. Is not competent, rather the appellant should have filed an Execution First Appeal. Considering the objection valid, we direct the conversion of this appeal to E.F.A. Office is directed to number it accordingly. 2. On merits, we find that the appellant's property is mortgaged with the respondent-Bank, thus without first seeking the sale of the property for the satisfaction of decree and fulfilling the condition laid down in Precision Engineering Limited and others v. The Grays Leasing Limited PLD 2000 Lah. 290, no warrants of arrest of the appellant could be issued, therefore, the order dated 2- 11-2004 having been passed without jurisdiction is declared unlawful and is set aside, with the consequence that all the orders following as also the latest in line dated 17-12-2008 are also set annulled. The appeal is disposed of accordingly.