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Full relief to the judgment-debtor without issuing any rule–
The High Court Division has given the full relief to the judgment-debtor
without issuing any rule and also without affording the decree-holder and
the auction purchaser an opportunity to controvert their claims. It has
been repeatedly held by this Division that granting. In the latter case
this Division reaffirmed the views taken by the Supreme Court of Pakistan
and observed that "without issuing any rule while disposing of the
application under Article 102 of the Constitution the High Court Division
was not authorized in law to pass any ad-interim relief which it could only
be passed in aid of or ancillary to the main relief that may be granted
upon final determination of the rights of parties in order to maintain
status quo ante in the pending suit proceeding before it.” ...Farid Uddin
Mahmud =VS= Md. Saidur Rahman, (Civil), 2020 [9 LM (AD) 247] ....View Full Judgment
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