IN THE HIGH COURT OF SINDH AT KARACHI

Ist Appeal No. 17 of 2016 

DATE                         ORDER WITH SIGNATURE OF JUDGE

1. For orders on CMA No. 4413/2016

2. For orders on CMA No. 4414/2016

3. For hearing of Main case.

4. For orders on CMA No.  4415/2016

07.06.2016

Mr.  Gulzar Hussain Bukhari, advocate for the appellant.

1.         Granted.

2.         Granted subject to all just exceptions.

3&4.    Learned counsel contends that appellant has executed a sale agreement on 15.04.2013 regarding purchase of Plot No. 38, measuring 3.15 acres, situated at Deh Joreji, Taluka Bin Qasim, District Malir Karachi with the respondent against sale consideration of Rs. 31,50,000/=; that appellant issued four post dated cheques bearing Nos. 18194255 dated 25.10.2013 amounting to Rs.100,000/=;  18194257 dated 25.10.2013 amounting to Rs.100,000/=;  18194258 dated 20.04.2014 amounting to Rs.100,000/= and 18194259 dated 20.06.2014 amounting to Rs.19,50,000/= to be drawn from Allied Bank Limited, Gulshan-e-Hadeed Branch, Karachi; that respondent was not owner of the subject land but the same was owned by Mst. Farzana wife of Subhan Ali, hence respondent by way of fraud and forgery,   executed such sale agreement; that on repeated demands of the appellant, respondent failed to deliver the original documents, consequently, appellant stopped payment of the above cheques; that respondent filed a summary suit for recovery of sale consideration against the appellant, whereby the appellant filed an application under section 37 rule 3 CPC; that  by a consent order dated 31.10.2014, respondent was directed to  produce original document of the property and the appellant was directed to deposit the amount of sale consideration within one month; that respondent filed documents before the court, which was executed in favour of Mst. Farzana and such property was leased for 30 years vide order dated 9^th September 1987 for Poultry Forming purpose; that considering the above scenario, appellant filed review application under section 114 CPC before the learned Trial Court and thereafter he filed Civil Review Application No. 135/2014 before this Court and respondent filed counter-affidavit on 16.3.2015; that despite information  regarding pendency of revision application, learned Trial Court decreed the suit vide judgment dated 29.04.2016 and further directed the appellant to deposit compensation amount of Rs.350,000/= in addition to the remaining sale consideration amount.  Issue notice to the respondent through all first three modes for 17.08.2016. In the meanwhile, operation of the impugned judgment dated 29.04.2016 and Decree dated 03.05.2016 shall remain suspended till next date.

                                                                                                      J U D G E

Zahid Baig