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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Supreme Court of PakistaniMs. KAUSER PERVEEN and anothers VS Respondent: KASB BANK LIMITED, LAHORE and others
Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Jawwad S. Khawaja Title:Supreme Court of PakistaniMs. KAUSER PERVEEN and anothers vs KASB
BANK LIMITED, LAHORE and others Case No.:Civil Petitions Nos. 1171-L and 1172-L of 2009Petitions Nos. 1171-L and 1172-L of 2009 Date of Judgment:2010-04-20 Reported As: 2011 CLD 883 Result: Leave granted Judgment ORDER ' JAWWAD S. KHAWAJA, J.---The petitioners in these two cases are statedly neither defendants in the suit filed by the respondent, KASB Bank nor are they mortgagers to secure facilities obtained by the defendants judgment debtoRs, it is contended that notwithstanding this position the property belonging to the petitioners has been sold in execution of a decree dated 8-2-1999 obtained by the respondent-Bank. 2. Pursuant to the previous order passed by this court, Muhammad Salman-petitioner has deposited a sum of Rs,15,00,000 (fifteen lac) in court to defray the costs of the auction and to cover the amount at which the properly was auctioned. On this basis, it was argued that the petitioners even though they may be co-owners of the undivided property, which has been auctioned cannot be deprived of their proprietary rights therein. 3. In addition to the above, it is contended that the auction sale even otherwise is vitiated because the auction-purchaser had failed to make payment of the balance amount of Rs, 9,56,000 (nine lac fifty six thousands) within the stipulated period of 15 days. 4. Leave to appeal is granted to consider the above aspects of the case. Since a short question is involved, the office is directed to fix the appeals for hearing during the month of September, 2010.