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Civil Petition No. K‑75 of 1979, decided on 26th May, 1979.
(On appeal from the judgment and order dated 24‑2‑1979 of the Sind High Curt at Karachi in Miscellaneous Appeal No. 39 of 1976).
Civil Procedure Code (V of 1908)‑
‑‑ O. XXI, rr. 58 & 63‑Attachment‑Objection to‑‑Objection tiled against attachment but dismissed‑‑Revision against such order also dis missed‑‑Objector not filing any suit precisely in accordance with provi sions of O. XXI, r. 63 of Civil Procedure Code, 1908 but filing a suit for declaration of title and injunction for protection of possession of property under agreement for sale‑Plaint in such suit also rejected‑Property in meantime put to auction, purchased by respondent for valuable consideration, sale confirmed and sale certificate issued in purchaser's name‑Suit filed to set aside sale certificate and issuance of injunction also dismissed‑Objector having throughout failed to successfully vindicate his claim of being entitled to retain possession of house under agreement for sale and his alleged right having never been recognised by Court seized of matter at all earlier stages of litigation, contentions advanced on behalf of objector, held, rightly rejected by High Court.‑[Attachment).
Gokarakonda Audhtaroyudu V. Surapuredi Mangamma A I R 1943 Mad. 706 distinguished.
Maroof Ali Khan, Advocate Supreme Court for Petitioners.
Nemo for Respondents.
Date of hearing : 26th May, 1979.
MUHAMMAD AKRAM, J.
‑This is a petition for special leave from an order dated 24th of February 1979, whereby a learned Judge of the High Court of Sind at Karachi has dismissed the miscellaneous appeal filed by the present petitioners against the respondents herein.
The relevant facts necessary for the disposal of this petition are that respondent No. 2 had obtained a money decree against respondent No. 3 firm for recovery of Rs. 41,801. In execution of the decree the house in dispute situated in Shahdadpur District Sanghar belonging to the Judgment debtors was attached on the 8th of August 1969. On this Lutaf Ali, predecessor of the present petitioners filed his objections under rule 58 of Order XXI of the Code of Civil Procedure against the attachment. His case was and has been that the partners of respondent No. 3 firm had on the 8th of January 1963, alre
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