' SHAH JEHAN KHAN AKHUNDZADA, J.---This regular first appeal has been directed against the judgment and order dated 13-4-2012 passed by the learned Additional District Judge-VI D.I. Khan, whereby the objection petition of Muhammad Ibrahim, respondent No,2, was accepted.
2. Briefly stated facts of the case leading towards the disposal of the instant appeal are that on 5- 5-2010, the appellant, namely, Muhammad Shakir, filed a suit for the recokery of Rs,5,00,000 against Doctor Amanullah, respondent No,1 under Order XXXVII, C.P.C. Which was decreed ex parte vide judgment and decree dated 12-11-2010. Thereafter, the appellant filed an execution petition, but the judgment debtor did not appear and thus his House No,C-1912 was attached by the learned Executing Court for a period of six months vide his order dated 29-7-2011. After passage of the aforesaid period of six months, the decree-holder/appellant again submitted an application for restoration of the execution petition and vide order dated 16-3-2012, the learned Additional District Judge-VI D.I.Khan sent the matter to the learned Senior Civil Judge D.I.Khan for carrying out the auction proceedings of the house already attached, but during its pendency, Muhammad Ibrahim, respondent No,2, filed an objection petition on the ground that he had purchased the said house through an unregistered deed and in this regard his suit is pending before the learned Civil Judge- V D.I.Khan. The appellant filed reply to the objection petition, but ultimately, it was accepted through the order which is now under challenge in this appeal.
3. Arguments heard and record perused.
4. Record shows that since a civil suit with regard to the house in question is pending adjudication before the court of learned Civil Judge-V D.I.Khan, where the genuineness or otherwise of the said unregistered sale-deed would be thrashed out after producing pro and contra evidence, and after appreciating the evidence so produced by the parties in respect of the authenticity of the above said deed, the concerned trial Court will draw correct and just conclusion regarding it. Moreover, the Executing Court has rightly asked for pro and contra evidence in respect of the objection petition, because no one should be condemned unheard.
5. In these circumstances, I find no substance in this appeal and thus the same is hereby dismissed with costs.