' HAIDER ALI KHAN, J.---Brief but relevant facts of the instant Civil revision petition are that landed property of petitioner (hereinafter called as the property) bearing katha No,325, khasra No,58, measuring 3 kanals 4 marla, out of 7/16 share, khata No,378, measuring 3 kanals 14 marla, out of 7/48 shares and khata No,570, bearing khasra No,1866, measuring 27 kanals 6 marla, out of 7/16 shares, situated in mauza Mitha Khel, Tehsil and district Karak was fraudulently transferred by Muhammad Hassan (respondent No,3) in his name by way of fake power of attorney while some of the property of katha No,645 was pledged with respondent No,1 (Zarai Taraqiati Bank Karak), by obtaining loan for the purpose of tube well but due to non-payment of said loan, said property was attached and later on decreed in favour of respondent No,1, (Zarai Taraqiati Bank), by the Banking Court camp at Bannu, through a suit No,1172/1 vide judgment and order dated 23/05/1998, which was auctioned through notice vide dated 10/10/2005 and finally through the order of the learned Senior Civil Judge Karak, the decree was executed whereby mutation No,2512 dated 28/12/2004 was attested in favour of respondent No,1/Zarai Taraqiati Bank Karak for the satisfaction of said loan.
2. That feeling aggrieved from all the proceedings, mentioned herein above, petitioner filed an application before the Banking Court Peshawar, Camp at Bannu for setting aside the judgment and orders dated 23/05/1998, 10/10/2005 in case titled Zarai Taraqiati Bank v. Muhammad Hassan and for cancellation of mutation No, No,2512 dated 28/12/2004 on the grounds that she is owner in possession of the said property on the strength of the decree awarded by the civil court in her favour. The said application was resisted by the bank-respondent which was returned by the Banking Court concerned to the petitioner with the direction to present it before the civil court, vide its order dated 11/10/2012, impugned herein.
3. I have heard learned counsel for the parties and gone through the record.
4. From the perusal of record it appears that while transferring property of the petitioner by Muhammad Hassan, defendant No,1, in his name through mutation No,10585, on the basis of alleged power of attorney, he has also mortgaged the suit property of katha No,645 with the respondent/Zarai Taraqiati Bank with the intent to get loan for installation of a tube well, as per record Ex.DW-1/1 but due to nonpayment of loan, the respondent/Zarai Taraqiati Bank had instituted a suit, which was decreed in their favour on 23/06/1998 vide judgment Ex.DW-1/7 and as the loan amount was not satisfied through mortgaged property therefore, vide application Ex.DW- 1/11, submitted by the bank concerned, the property was attached and thereafter through order of learned Senior Civil Judge, the decree was executed vide order Ex.PW1/4 and in this way, the property of Katha No,645 of Mst. Sardara was sold in execution of decree, meaning thereby that said decree of the Banking Court has attained finality which cannot be agitated before any court/forum in view of section 27 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 which read as under:
27. Finality of order, subject to the provisions of section 22, no court or other authority shall revise or review or call, or permit to be called, into question any proceeding, judgment, decree, sentence or order of a Banking court or the legality or propriety of anything done or intended to be done by the banking court in exercise of jurisdiction under this Ordinance".
5. This being the legal position, the property in khata No,645 of petitioner Mst. Sardara cannot be restored through a civil court decree, however, she can approach the competent forum under the relevant provision applicable thereto for redressal of her grievances. In this respect, reliance can safely be placed on the judgment published in "1997 CLC Karachi 1342 (c)"#T#E##
6. In view of the above referred provision and ruling of the superior court, it is held that no any illegality or irregularity could be C pointed out in the findings of facts rendered by learned Judge Banking Court.
7. For the reasons given hereinabove, the instant revision petition being bereft of any merit is hereby dismissed.