MALIK MUHAMMAD QAYYUM, J. - This is an appeal under Section 21 of the Banking Companies (Recovery of Loans, Credits, Advances and Finance) Act, 1997 from the order of Special Court (Banking) dated 5.6.1998, whereby appellants objections to the execution of decree were rejected.
2. The learned counsel for appellant has contended that a decree of Rs.1,36,76,531/- was passed in favour of respondent/Bank against the appellant with the consent of parties on 12th February, 1994 and during the course of execution proceeding, it was ordered by the Executing Court that it would be obligation of the decree holder to proceed against the mortgage property first for realization of the decretal amount and other property of the judgment-debtor cannot be sold in pursuance of the proceeding of execution.
3. We do not agree with the contention of the learned counsel for appellant as order dated 22nd February, 1998, shows that only condition imposed was that the decretal amount shall be recovered by the sale of the property of the defendant/mortgagors. A categorical statement has been made by the learned counsel for respondents/decree-holders that only the property of the mortgagors would be sold in the execution proceeding, we are, therefore, not inclined to interfere T the matter and would allow the executing Court to proceed with the execution of the decree. This appeal is dismissed with no order as to costs.