ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.25 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.679/2022 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.680/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.681/2022 (Stay).

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11^th March 2022

Appellant Muhammad Ashraf alongwith his son Muhammad Kamran present in person.

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1. Urgency granted.

2. Appellant undertakes to comply with office objection before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Instant appeal has been filed against impugned order dated 07.03.2022 passed in Execution No.184/1997 pursuant to judgment and decree dated 11.11.1996 passed by the Banking Tribunal No.I at Karachi in Suit No.483 of 1996, which was filed by the respondent-HBFC, against the appellant for recovery of Rs.66,335/- and delivery of vacant possession of the property against which such loan was obtained. Alongwith aforesaid order, various earlier orders passed by the executing Court, including the order, whereby, auction proceedings in respect of the subject property have been finalized and the Nazir has been directed to get vacate possession the subject property through police aid, have also been challenged through instant appeal.

Son of the appellant present in Court submits that appellant was never served with any notices in the aforesaid suit, which was decreed exparte, inspite of the fact that the appellant had already made payment of Rs.48,000/- towards final settlement as per the scheme announced by the respondent in the year 2006. However, through concealment of facts, judgment and decree has been obtained and thereafter through fraud and misrepresentation orders for auction of the appellant’s property and his eviction through police aid have been obtained while ignoring the fact that in view of the payments already made by the appellant to the respondent, there was no amount outstanding against the appellant. Son of the appellant further submits that appellant had suffered paraysis, who is very poor and a man of advanced age and not keeping good health, therefore, requests that respondent may be restrained from ejecting the appellant and his family from the subject property where he is residing for the last more than two decades, and the orders of the executing Court dated 07.03.2022 and 05.07.2011, whereby, Nazir of the Banking Court has been directed to get the possession of the subject premises through police aid, may be set aside.

Keeping in view the advanced age, poor health and financial position of the appellant, who is not in a position to speak on account of having suffered from paralysis, let pre-admission notice be issued to the respondents, to be served through first three modes, for 17.03.2022, to be taken up at 12:30 P.M., when objections/reply, if any, shall be filed with advance copy to the appellant. However, till next date of hearing, appellant shall not be evicted from the subject property, and the executing Court may not proceed any further in the Execution No.184/1997 (Suit No.483/1996). Let copy of this order immediately be transmitted to the executing Court to ensure compliance of this order.

J U D G E