M. AKHTAR SHABBIR, J. --- This order will dispose of two appeals, bearing Nos. FAO 46/02 and FAO 46/02, as both of them arise out of the execution of the same decree.
2. The matter has been resolved between the appellant and the decree holder-Bank/respondent No. 1. Pursuant to the preceding order dated 23.6.2003, learned counsel for the respondent- Bank/decree-holder has placed on record a copy of the letter dated 13.5.2003, approving the Memorandum dated 13.12.2002 regarding out of Court settlement/adjustment of account under SBP Guidelines contained in circular dated 25.10.3003/package, which has also been placed on the record, wherein it has been settled between the parties that the appellant is willing to deposit a sum of Rs. 20,28,316/- out of Court settlement. As a result thereof, the appellant will deposit Rs.
8,00,000A as down payment within one week, which has already been deposited under the orders of this Court. Further amount of Rs. 8,0, 000/-, which is lying with the Court auction money, is now under dispute and the executing Court has been issued an injunctive order in this regard, therefore, the appellant will make payment of this amount (Rs. 8,00,000/-) from his own sources on or before 30th of June, 2003, whether remaining amount of Rs. 4,28,316/-will be deposited by the appellant in quarterly instalment within three years. However, if the. Appellant fails to make payment of Rs.
8,00,000/-, was mentioned above, on or before 30.6.2003, he shall not be- entitled to the concession as given by the Relief Package.
3. As a dispute with regard to the machinery and super-structure (MALBA) has arisen between the auction- purchaser and the appellant/judgment-debtor, therefore, the same shall be decided by the executing Court and in whose favour the Verdict goes, he shall be entitled to the withdrawal of the auction money already deposited with the executing Court, lt has been pointed out that the executing Court has already fixed some date in the matter with regard to this dispute. Therefore, the appellant as well as the auction- purchaser are directed- to appear before/the learned executing Court on the date already fixed by it, The learned executing Court is directed to decide the matter within thirty days.
4. Both these appeals stand disposed of. As having not been pressed in view of the aforesaid settlement between the parties.