SAIYED SAEED ASHHAD, C.J.--- This appeal has been filed against the order, dated 31-3-2001 whereby the application of the appellant in his capacity as an objector under Order XXXIX, rule 4, C.P.C. for recalling the attachment order in respect of the Property bearing No,62, Street No,15, Phase V, . Defence Officers Housing Authority, Karachi was dismissed. The reasons for dismissal of such application was that the appellant/objector failed to bring on record any documents which could in the slightest lead to a presumption or inference that he had acquired any right whatsoever, in respect of the property in dispute. The petitioner owner of the property in dispute namely, Nayyar Mehmood had obtained loans from various financial institutions against the said property by mortgaging the same in favour of the financial institutions and after utilising the same had fled the country as stated by the counsel for respondent/M.C.B. The petitioner/objector come forward submitting that he had purchased the property in dispute from the said Nayyar Mehmood.
Even, if it is admitted that he had purchased the property in dispute or that some interest therein has been created in his favour, .he ought to have known that the said property was burdened and had been mortgaged in favour, of the financial institutions.
2. The order of the learned Single Judge does not appear to suffer from any detect which would require any interference therewith. This appeal is without any substance and is dismissed in limine alongwith the listed application.