SADIQ SAYEED KHAN And Another vs CENTRAL GOVERNMENT Through Defence Secretary And Military Estate Officer, Abbottabad And Other
This matter arises from a petition converted into an appeal before the Supreme Court of Pakistan concerning the execution of a decree involving a disputed amount of Rs.10,00,000. The core legal question relates to the conditions under which execution proceedings should be stayed or suspended pending further resolution. The court held that the appeal is allowed subject to specific terms regarding the deposit of the disputed amount. The key principle laid down is that execution proceedings may be suspended upon the judgment-debtor depositing the disputed decretal amount in the executing court within a stipulated timeframe, while permitting the decree-holder to withdraw the deposited funds upon furnishing a sufficient bank guarantee, thereby balancing the interests of both parties during the pendency of the matter.
- Under what conditions may the execution of a decree be suspended when a disputed amount is involved?
- Can a decree-holder withdraw a deposited disputed amount from the executing court, and if so, upon what condition?
ORDER
1. MURAMMAD HALEEM, C.J--The petition is converted into an appeal and allowed in terms that the execution shall not be stayed; but if the first respondent deposits the disputed amount amounting to Rs.10,00,000 in the executing Court within three months, the execution shall stand suspended.
2. The petitioners shall be at liberty to withdraw the amount so deposited in the Court provided they furnish a bank guarantee in the like amount within three weeks of the date of deposit of the said amount.