IN THE HIGH COURT OF SINDH AT KARACHI
I.A. No. 43 of 2012
1. For orders on CMA No. 1132/2012
2. For orders on office objection
3. For katcha peshi.
4. For hearing of CMA No. 490/2012
06.06.2012
Mr. Akhtar A. Channar, advocate for the appellants.
Mr. Irshad Ahmed Panhwar, advocate for the respondent.
The appellants, through this appeal have assailed order dated 08.3.2012 passed by Banking Court-IV at Karachi in Execution No. 74/2011, whereby the Banking Court has dismissed the appellants ‘application under section 151 CPC . It was stated that the decree-holder bank has usurped the appellants’ amount to the tune of Rs.7,400,000 and further that 75% of the banks claim as decreed is made-up of various penalties.
Although, firstly, the Banking Court has rightly dismissed the application, as it is now well-settled that the executing court cannot go beyond the decree and secondly no appeal lies against an interlocutory order, however, in order to ascertain as to whether the appellants’ allegations, as noted above, are factual and correct an opportunity is provided to the learned counsel for the appellants, but he has not been able to show us that the amount as noted above, has not been accounted for and/or that the decree merely consists of amounts of various penalties. We find no merits in the appeal, which is accordingly dismissed, alongwith the pending applications.
ACTING CHIEF JUSTICE
J U D G E
DB.Mr.Justice Maqbool Baqar & Mr.Justice Aqeel A. Abbasy\06.6.2012\zahid