' JAWWAD S. KHAWAJA, J.---This appeal impugns the order, dated 13-9-2001 passed by the learned Banking Court II, Lahore.
2. Before us learned counsel for the appellant contended that the appellant's Property bearing No,114-A, Ahmed Block, New Garden Town, Lahore, had neither been mortgaged nor properly attached and as such it could not be brought to sale in ' execution of the decree dated 11-6-1995 obtained by the respondent-Bank.
3. We have gone through the impugned order with the assistance of learned counsel for the parties and have also considered their arguments. It was contended before us by learned counsel for the appellant that the decree-holder Bank was a mortgagee of property measuring 4-1/2 Kanals comprised in Khasra No,5686 in Mouza Niaz Baig vide mortgage deed, dated 15-4-1990. According to him the appellant's property referred to above could only be sold after the sale of the aforesaid mortgaged property. Learned counsel for the decree-holder bank has produced in Court documents to show that the property in Mouza Niaz Baig has been substituted by the judgment- debtors with property situated at 3-F, Gulberg-II, Lahore, measuring 2 Kanals, 2 Marlas, 150 sq. Ft. In these circumstances, he stated the property in Mouza Niaz Baig was not available. This position has also been admitted by the appellant/judgment-debtor in her reply to show-cause notice issued under section 6(2) of the Banking Tribunals Ordinance, 1984. As to the other property bearing No,3- F, Gulberg-II, Lahore, learned counsel for the decree holder Bank has pointed out the said property has already been sold in execution of the above-referred decree. In this view of the matter, we find that the Property No,114-A, Ahmed Block, New Garden Town, Lahore, can neither be released from attachment nor exempted from sale. The impugned order as such is not open to exception.
Consequently, this appeal, being without merit, is dismissed.