ELSPETH ANN DIGBY GRANT or AMIN v. SAYED HASSAN AMIN

The Sheriff Principal having resumed consideration of the cause, refuses the appeal and adheres to the sheriff's interlocutor of 9 March 2000 complained of; finds the pursuer liable to the defender in the expenses occasioned by the appeal and remits the account thereof when lodged to the auditor of court to tax and to report thereon.

This is an appeal against an interlocutor dated 9 March 2000 dismissing as incompetent an application by the pursuer for an incidental order under Section 14 of the Family Law (Scotland) Act 1985 for the sale of heritable property owned by the defender at 10 Crown Road North, Glasgow.

The parties were divorced by interlocutor dated 7 October 1997. The defender was ordered to make payment to the pursuer of a capital sum of �70,300. Regrettably, he has not, as I understand it, paid anything. The pursuer did not in the original process make any application for sale of heritable property standing in name of the defender. The question which arises in the present appeal is whether she can do so now.

With a measure of regret, since it is in my view deplorable that the appellant should have been forced to make this application, I shall adhere to the sheriff's interlocutor and refuse the appeal. It was agreed that expenses would follow success.