Recover of possession

Petitioner was one of legal heirs of deceased-borrower and he assailed execution of decree passed in favour of Bank on the grounds that reserved price of property was not properly settled and no notice of execution proceedings was issued to him

Validity

Terms of sale were properly settled by Banking Court in terms of O.XXI, Rr. 64 & 66, C.P.C., wherein amount of decree, market price and Forced Sale Value were mentioned hence substantial compliance of law was done

Neither any enhanced offer was ever received nor petitioner had given any offer nor had brought any other buyer or bidder for purchase of property in question

High Court declined to interfere in order passed by Banking Court in seeking possession of property in question during execution of decree

Petition was dismissed in circumstances.