1. Granted.
2. By this application, the decree-holder has sought order of restraint prohibiting the judgment- debtors from transferring or charging or creating third party interest in respect of buses. Bearing Registration No,JA-6886, JA-6832 and JA-6893 owned by the judgment-debtor No,1 with further direction to the Incharge, Motor Registration Wing, Excise and Taxation Department, Civic Centre, Karachi, not to effect any transfer of the abovementioned buses till satisfaction of the decree, execution whereof has been sought in the present proceedings. Writ of attachment was ordered to issue in the present matter on 25-4-1996 but the writ of attachment has so far remained unexecuted. The learned counsel for the decree-holder has pointed out from the record that the judgment-debtors have deliberately been avoiding execution of the writ of attachment and the attached property namely the three buses have now been placed at the disposal of Chairman, Sindh Privatization Committee, Sindh Secretariat Barrack No,15, Court Road, Karachi alongwith all other buses, light vehicles, spare parts and machinery etc. Of the judgment-debtors. The notice published in daily Dawn, dated 16-11-1997 has been filed alongwith this application to show that all the buses etc. Belonging to the judgment-debtors are to be auctioned on November, 25-27, 1997.
Mr. Nasir Maqsood states that the three buses which are subject-matter of attachment have also been put for auction, as above. In my view order of attachment necessarily involves restraint against transfer of the attached property by virtue of principle contained in section 64, C.P.C. And further order of restraint is not required to be passed. Mr. Nasir Maqsood while conceding the said position makes an oral motion for issuance of writ of attachment in terms of Order 21, rule 52, C.P.C.
And for the same being directed to the Chairman, Sindh Privatization Committee. In the circumstances, issue writ of attachment in terms of Order 21, rule 52, C.P.C. The Incharge, Motor Registration, Excise and Taxation Authority, Civic Centre, Karachi, is directed not to effect any mutation or permit change of ownership in respect of the three buses mentioned hereinabove until further orders of the Court. Let notice of the application issue to the judgment-debtors for a date in office.