QAISER RASHID KHAN. CJ. Through the appeal in hand, the appella nt has called in question the judgment and order dated 8.3.2021 of the learned Judge Banking Court-I, Peshawar , whereby the application of the appellant- bank for the delivery of possession of the acquired property has been dismissed.
2. As per facts gathered from the record, the appellant-bank filed a recovery suit against the respondent before the learned Banking Court, Peshawar , which was decreed and the execution proceedings were set in motion within the meaning of the Financial Institutions (Rec overy of Finances) Ordinance, 2001. During the execution proceedings, the mortgaged property of the responden t-judgment debtor measuring 32 kanal and 3 marlas, situated at Mouza Qilla Shah Baig, Tehsil and District, Charsadda was put to auction and the same was purchased by the appellant- bank. Thereafter , the auction proceedings were confirmed and a Sale Certificate was accordingly issued in favour of the appellant-bank on 28.1.2002. On 13.01.2020, the appellant-bank filed an application for possession of the purchased property , which was dismissed being time barred by the learned Judge, Banking Court-I, Peshawar through the impugned judgment and order dated 8.3.2021. Hence, the instant appeal.
3. Arguments heard and the available record perused.
4. Since the application of the appellant bank for possession of the acquired property has been dismissed by the learned Banking Court mainly on the ground of limitation and Article 180 of the Limitation Act, 1908 deals with the same, therefore, it would be more apt to reproduce the same as under:- Description of suit Period of limitation Time from which period begins to run
180. By a purchaser of immovable property at a sale in executionThree years When the sale becomes absolute. of a decree for delivery of possession.
5. The record divulges that after confirmation of the auction proceedings, the Sale Certificate was issued in favour of the appellant-bank on 28.1.2002, whereby the sale became absolute. However , the application for the possession of the acquired property has been preferred by the appellant-bank on 13.01.2020.
6. In view of the above explicit provision of law, the appellant-bank was required to file such application within three years from the date of issuance of Sale Certificate but they preferred to file such application, after over seventeen and a half years and that is how, the application was held to be time barred by the learned Banking Court through the Impugned findings. Such findings do not suffer from any illegality , so as to in turn call for the indulgence of this court through the present appeal.
7. Accordingly , this appeal along with CM being bereft of merits stand dismissed in limine .