ORDER SHEET
IN THE HIGH COURT OF SINDH,
KARACHI
Suit No.22 of 2018
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Dated: Order with signature of
Judge(s)
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1. For orders on
CMA No.85/2018
2. For orders on
CMA No.86/2018
3. For orders on
CMA No.87/2018
05.01.2018
Syed Bashir Hussain Shah advocate for
the plaintiff.
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1) Urgency
granted.
2) Exemption
granted subject to all just exceptions.
3) Learned
counsel for the plaintiff submits that plaintiff and defendant No.1 Shahzad Ahmed son of S.M. Sharif Ur Rehman entered into sale agreement on 07
March, 2017 in respect of double storey Bungalow No.1/1, 22nd
Street, Phase-V, measuring 500 square yards or thereabout situated in Pakistan Defence Officers Housing Authority, Karachi for a total
sale consideration Rs.6,50,00,000/- (Rupees Six Crore Fifty Lacs only) and out of
which plaintiff paid Rs.1,50,00,000/- (Rupees One Crore Fifty Lacs only) through cheques/pay-orders in the name of defendant No.1 Shahzad Ahmed. Photocopy of
agreement is available at page-27 and copies pay-orders/cheuqes
as annexure “P/1 to P/7” with the Memo of Plaint. Per learned counsel for the
plaintiff another agreement in respect of same property was executed between
plaintiff and defendant No.1 on 11th
October 2017 mentioning the amount received by the defendant No.1 through cheques/pay-orders
as mentioned above. Learned counsel for the plaintiff contends that plaintiff
is ready and willing to pay balance sale consideration but since the defendant No.1 is expired on 28.12.2017 and his legal heirs are avoiding/refusing to accept the balance sale consideration,
to execute sale deed and to deliver the possession of the subject property to
the Plaintiff. Issue notice to the defendants for 17.01.2018. Till next date of
hearing, no third party interest be created on the
subject property.
JUDGE