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2007 P.C.T.L.R. 257

Muhammad Naeem and another vs Bank of Khyber through its Branch

Citation2007 P.C.T.L.R. 257
CourtLahore High Court
Case No.F.A.O. No. 171 of 2005
Date2006-10-05
Judge(s)Mian Saqib Nisar, Fazal-e-Miran Chauhan
ResultCase Remanded/Order Accordingly

ORDER

1. Learned counsel for the respondents has no objection if the impugned order is set aside and matter is sent back to the Trial Court, which shall decide the case after framing of issues and recording evidence of the parties on the point whether service of the appellants was effected upon a correct address or otherwise. However, it has been agreed between the parties that till the disposal of the application of the appellants under Section 12(2) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 by the Banking Court the appellants shall not alienate or encumber the property, which the respondent-Bank claims to have been mortgaged with it whereas, the respondents/decreeholder shall not get the decree executed against the appellants, till such decision.

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