1. KHILJI ARIF HUSSAIN, J.---The appellant filed this appeal against the order passed by the learned Single Judge on 25-11-2002 in Suit No,416 of 2002 whereby learned Single Judge allowed the reference of Official Assignee dated 22-11-2002. Heard Mr. Riazuddin learned Advocate for the appellant. The learned Advocate for the appellant argued that learned Judge allowed the reference of the Official Assignee dated 22-11-2002 without providing an opportunity of hearing to the appellant. He has further contended that no notice of Official Assignee's reference has been served upon the appellant and as such the said order is liable to be set aside. In order to appreciate the contention of the learned Advocate we would like to give brief facts of the case. The appellant and respondents are real brothers and sisters. The respondents filed suit for administration in respect of the various properties left by their deceased father and mother. There is no dispute so far as the shares between the appellant and the respondents are concerned in the estates left by their predecessor-in-interest. After passing the preliminary decree on 5-9-1995, vide order dated 31-5-2001 the Official Assignee was directed to sell the properties being property bearing No,W.O.7/34 known as Amtullah Bai Building situated in Wedhamdl Quarters, opposite City Court, Karachi. The Official Assignee in compliance with the order passed by this Court invited tenders to sell the properties and received four offers of Rs,75,20,205 and Rupees three crores respectively. The Official Assignee in order to get better price called the bidders for the improvement of their bids resulting that bid was improved to Rs,4.75 crores as against initial offer of Rupees Three Crores. The Official Assignee submitted his reference dated 8-7-2002 in the Court for accepting the bid. On 1-8-2002 the learned Single Judge passed the following order: The plaintiff has no objection if the highest offer of Haji Ashraf in the sum of Rs,4.75 crore for the purchase for the building on Plot No, W.O.7/34, known as Amtullah Bai Building, Wadhumal Udha Ram Quarters opposite City Courts measuring 448 sq. Yds. Is accepted. The defendant on one pretext or the other is seeking adjournment, no objection has been filed against the reference in spite of notice. Since the building belongs to the parties and is being sold under the decree of administration suit, the defendant is allowed to bring matching offer as against the offer given by Haji Ashraf or to purchase by depositing half amount of the said offer within 15 days from the date of order. In case of failure, the offer of Haji Ashraf will be absolute and he is allowed to deposit the amount within 90 days after 15 days. We would like to mention here that prior to passing the order on 31-5-2001, the appellant was allowed to purchase the property in question in a sum of Rupees Two Crores and Five Lacs and to deposit the said price within 12 months but appellant failed to deposit the same within the stipulated period of time. On failure to deposit the amount within stipulated period of time the appellant filed an application for extension of time to deposit the amount which application was dismissed by the learned Single Judge on 31-5-2001.
2. It appears from order dated 1-8-2002 that on failure of the appellant to bring matching offer to the offer of the auction purchaser and deposit half of the amount of said offer being the share of the respondents within 15 days from the order, the offer of auction purchaser will become absolute and he will be allowed to deposit about within 19 days after expiry of the 15 days. Apparently no appeal has been filed against the said order. On failure of the appellant to bring matching price and depositing the share of the respondents, the sale in favour of the auction purchaser became absolute and the Court has to distribute sale price between the appellant and the respondents in accordance with their admitted shares in it. Through reference dated 22-11-2002 Official Assignee only sought permission of the learned Single Judge for paying admitted shares of the respondents to them while retaining a sum of Rupees Thirty Seven Lacs and Fifty Thousands to meet the claim pertaining to unpaid utility bills. In our opinion there is no need of any notice of this reference to appellant as no right of the appellant is affected in any manner. The sale was confirmed long ago and through the reference of Official Assignee only sough permission to pay the admitted shares of the respondents was sought which was allowed by the Court. The appellant failed to point out any legal infirmity in the impugned order of the learned Single Judge. The appeal as such being without any merits is dismissed. These are the reasons of our short order dated 25-3-2003 by which we have dismissed the appeal.