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1996 CLC 818

UNITED BANK LIMITED vs HOOSAIN BHOY ABDOOLALLY BANDUKWALA LIMITED,

Citation1996 CLC 818
CourtSindh High Court
Case No.Suit No, 496 of 1992
Date1995-05-21
Judge(s)G. H. Malik
ResultOrder accordingly

ORDER

1. This is an application under Order 34, Rule 5, C.P.C. For final decree. The fact that the preliminary decree has not been satisfied is. Not in dispute but Mr. A.R. Akhtar says that the proceedings for stay of the operation of the judgment are pending before the Supreme Court. Mr. S. Mamnoon Hasan points out that the hearing of this application was adjourned on similar grounds on 23rd April, 1995. No stay has been obtained by the defendant. Mr. Akhtar, on the other hand, submits that the proceedings for stay were delayed because the plaintiff sought adjournment to file counter- affidavit. Be that as it may, the fact remains that there is no order to stay the operation of the decree passed in suit. This application is, therefore, granted. The decree shall, however, not be executed for the period of three weeks from today to enable the defendant to obtain order of stay.

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