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2005 CLD 186

Mst. IRSHAD YAMIN vs CITI 'BANK N.A. and 2 others

Citation2005 CLD 186
CourtSindh High Court
Case No.First Appeal No,55 of 2004 Appeal No,55 of 2004
Date2004-11-18
Judge(s)Sarmad Jalal Osmany, Amir Hani Muslim
ResultOrder accordingly

ORDER

1. ' Learned counsel says that the appellant's entire case. Is regarding her ownership of the attached moveable property, which is available as her residence. Per learned counsel enough evidence in the shape of receipts etc. Had been filed before the learned Banking Court to show prima facie the appellant's ownership of said property and consequently the same . Should have been investigated instead of having been rejected in limine as has been done by the learned Banking Court. He therefore, prays that till the next date no action may be taken against the property in question.

2. ' From the perusal of receipts attached to this application filed before the learned Banking Court, it appears that indeed prima facie the moveable property belonged to the appellant. The Banking Court does not have any power or lien to take action 'against such property. In the circumstances, we would direct that the learned Banking Court shall not take further action regarding such property till the next date of hearing. Repeat notice.

3. ' Adjourned to a date in office.

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