C.P.No.D-168 of 2016
1.
For
orders on CMA-1665/2016
2.
For
orders on CMA-1150/2016
3.
For
orders on CMA-571/2016
4.
For
orders on CMA-572/2016
5.
For
Katcha Peshi
6.
For
hearing of CMA-646/2016
17.02.2016
Petitioners Nos.1, 4 and 5 are present in
person
Mr. Ahmed Ali Shahani
Advocate for TMA.
Mr. Shafqat Ali Mahesar, respondents No.6.
Mr. Manzoor Hussain Ansari, respondent No.7.
Syed Jafar Ali Shah
respondent No.8.
Mr. Liaqat Ali Shar, Additional Advocate
General a/w Fayyaz Ahmed Jatoi, Deputy Commissioner, Khairpur, Mushtaq Ali
Jumani Chief Municipal Officer, Khairpur and Sanaullah Thaheem contractor.
................
Today,
the petitioners have filed a statement dated 17.02.2016 duly signed by
petitioner No.1 along with annexures, and submit that pursuant to order dated
04.02.2016 the possession of offices has been handed over to Chief Municipal
Officer under acknowledgment. Statement has also been filed on behalf of
respondent No.5, whereas, comments have been filed by respondents Nos.7 and 8, same
are taken on record and copy supplied to petitioner No.1 appearing in person.
Pursuant
to Court notice, Fayyaz Ahmed Jatoi, Deputy Commissioner, Khairpur and Mushtaq
Ali Jumani, Chief Municipal Officer, Khairpur have shown appearance and submit
that though the letter has been submitted in the office regarding handing over
possession, however, the actual physical/vacant possession has not been given,
as keys are still lying with the petitioners. Petitioners present in Court submit
that they are willing to handover physical/vacant possession to the Deputy
Commissioner/ Administrator, Khairpur or his nominee today between 3-00 to 4-00
p.m.
Mr.
Ziaul Haq Amoodi Advocate and Mr. Mansoor Ahmed Shaikh Advocate are also present
in person while Mr.Muhammad Ali Ansari holds brief for Mr. Waqar Hussain
Khaskheli Advocate and submit that they have filed applications under Order I
Rule 10 CPC to be impleaded as party, whereas, as according to them, they have also
made payment of Rs.50,000/- towards offices in the
subject project, whereas, their names also appear in the list attached in the
instant petition. The petitioners and the learned counsel for respondents waive
notice and claim copy of listed applications, however, submit that they do not
have any objection if the listed applications are granted and proposed
interveners are made party, however, subject to all just exceptions.
Accordingly, listed applications at S.No.1, 2 and 4 (u/O 1 Rule 10 CPC) are
granted subject to all just exceptions. Petitioners are directed to file
amended title accordingly.
Mr.
Ghulam Mujtaba Jakhar Advocate has shown appearance and submits that he is in
possession of office No.13, his name is mentioned at serial No.13 of the list and
has also paid an amount of Rs.50,000/-, whereas, he is willing to handover
physical vacant possession to the respondents today.
Mr.
Sajjad Hussain Halepoto Advocate has also shown appearance and submits that he
is also in possession of office No.14, his name is mentioned at serial No.14 of
the list, has and also paid an amount of Rs.50,000/-, whereas he is willing to
handover physical vacant possession to the respondents today.
Similarly,
Mr. Muhammad Ali Shahwani Advocate present in Court submits that he is also in
possession of office No.12, his name is mentioned at serial No.12 of the list,
has also paid an amount of Rs.50,000/-, whereas, he is also willing to handover
physical vacant possession to the respondents today.
Mr.
Abdul Haq Memon Advocate present in Court submits that he is in possession of
office No.4, his name is mentioned at serial No.4 of the list, has also paid an
amount of Rs.50,000/- and he is willing to handover physical vacant possession
to the respondents today.
M/s
Imran Pathan and Niaz Hussain Maitlo Advocates present in Court submit that
they are in joint possession of office No.21 and their names are mentioned at
serial No.21 of the list, have also paid an amount of Rs.50,000/- and they are
willing to handover physical vacant possession to the respondents today.
Miss
Farzana Bhatti Advocate present in Court submits that she is in possession of
office No.6 and willing to deposit the amount of Rs.50,000/-, which has not
been accepted by respondents, however, she is willing to handover physical
vacant possession to the respondents today.
Let
the petitioners and the aforesaid Advocates who have voluntarily shown
appearance handover the physical vacant possession of the subject offices today
between 3-00 to 4-00 p.m. under acknowledgment to the Administrator/CMO.
Administrator/DC
and Chief Municipal Officer present along with Sanaullah Thaheem contractor
submit that funds for construction of Lawyers Chambers are available and the
said project will be completed within a period of four months provided vacant
possession may be handed over. It has been submitted that in view of forcible
possession taken over by the petitioners and other advocates, the work has come
to a halt. The contractor present in Court also submits that the work will be
completed within 03 to 04 months provided the vacant possession may be handed
over.
In
view of aforesaid, we are adjourning the matter to 09.03.2016 to be taken up at 11-
It is clarified that respondents
shall not handover the possession of subject offices in the project which is
reportedly meant for the Advocates only, without permission of the Court, and
shall complete the construction work within four months as stated hereinabove.
JUDGE
JUDGE
N.M.