ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on CMA No. 1127/2012

2. For orders on CMA No. 1128/2012

3. For katcha peshi.

4. For orders on CMA No. 1129/2012

06.06.2012

Mr. Hussain Bux Baloch, advocate for the appellant.

Through this appeal, the appellant has assailed order dated 02.5.2012 passed by Banking Court No. IV at Karachi whereby the appellants application under section 151 CPC seeking recall of the attachment orders and stay of auction of the property of which the appellant claims to be a tenant has been dismissed. Learned counsel for the appellant submits that the appellant shall be satisfied if the appeal is disposed of with an observation that the tenancy rights of the appellants in respect of the property/premises in question, if any, shall be dealt with in accordance with law.

We would, therefore disposed of this appeal with an observation that the tenancy rights of the appellant in respect of the property/premises in question, if any, shall be dealt with in accordance with law. We may , however, further observe that such should not be used as a pretext to delay the proceedings at all. We may further clarify that this order may not be read to mean that this Court has in any manner recognized the petitioner as a tenant in respect of the property in question, which question is/was within the domain of the Banking Court.

The appeal, alongwith the pending applications, stands disposed of in the foregoing terms.

ACTING CHIEF JUSTICE

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice Aqeel A. Abbasy\06.6.2012\zahid