ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-75 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.386/2022 (U/A).

02. For orders on office objection “A”.

03. For orders on M.A.No.387/2022 (E/A).

04. For hearing of main case.

23.02.2022

                        Mr. Nasrullah Solangi, Advocate for the petitioner.                    

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                       Facts in brief necessary for disposal of instant constitutional petition are that the petitioner obtained loan from Habib Bank Branch at Kashmore, which he failed to return, therefore, a suit for recovery of such loan was filed against him by said Bank; it was decreed by learned Banking Court-II, Larkana, in order to satisfy the execution proceedings, warrant for arrest of petitioner was issued by said Banking Court vide order dated 28.01.2022; the operation whereof the petitioner has sought to be suspended by this Court by way of instant constitutional petition.

                       It is contended by learned counsel for the petitioner that the petitioner was not put on notice before passing of judgment and decree against him by learned Banking Court-II, Larkana, therefore, the issuance of warrant for his arrest to satisfy the decree is illegal. By contending so, he sought for suspension of operation of warrant for arrest of the petitioner.

                       We have considered the above arguments and perused the record.

                       The judgment and decree though Ex-parte having not been challenged by the petitioner even after knowledge, therefore, he could not defeat the execution proceedings under the pretext that he was not put on notice by Banking Court prior to passing of the said judgment and decree. The warrant for arrest of the petitioner has been issued by learned Banking Court-II, Larkana, in discharge of its official duty; the operation whereof could not be suspended legally; if suspended would amount to defeat the legal proceedings. Consequently, the instant constitutional petition being misconceived is dismissed in limine accordingly together with listed applications.

    JUDGE

       JUDGE