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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: QAISER ABBAS VS Respondent: MUSLIM COMMERCIAL BANK LTD. and others
Court Name: Supreme Court of Pakistan Judge(s): Mian Saqib Nisar, Iqbal Hameed-ur-Rehman Title: QAISER ABBAS vs MUSLIM COMMERCIAL BANK LTD. and others Case No.: Civil Petition No,275-L of 2013 Date of Judgment:2013-04-30 Reported As: 2013 CLD 1430 Result: Leave granted
Judgment ORDER 'MIAN SAQIB NISAR, J.---Learned counsel for the petitioner states, that the learned executing court vide order dated 17-2-2010 had specifically directed that the auction of the property in question shall take place on 20-4-2010, but the court auctioneer without any authority, in the advertisement of auction had fixed the date as 29-4-2010 and illegally auctioned the property on such date; that the description of the property has been Wrongly and incorrectly mentioned in the advertisement; that the proper advertisement required under the law had not been made; the property was situated in Multan city, whereas advertisement/publication of the notice has been made in inconspicuous newspaper, titled Karnama, which is published from Lodhran and Vehari inter alia, all these factors are vital, which vitiate the auction, but these aspects have not been taken into account by the courts below. Leave is granted to consider the above. In the meantime, pursuant to the auction, the possession shall not be taken from the petitioner and given to the auction purchaser.