ORDER SHEET
IN THE HIGH COURT OF SINDH,
KARACHI
H.C.A. No.240 of 2017
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Dated: Order with signature of
Judge(s)
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1. For order on CMA
No.1988/2018
2. For order on CMA
No.1989/2018
3. For order on CMA
No.1990/2018
4. For order on CMA
No.1991/2018
5. For order on
office objection
6. For hearing of
CMA No.3731/2017
7. For hearing of
CMA No.1608/2017
8. For hearing of
main case
9. For hearing of
CMA No.1444/2017
10. For hearing of CMA
No.1457/2017
10.08.2018
Mr. Ahmed
Hussain, advocate for appellant.
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1) Urgency
granted.
2) Issue
notice to the respondents.
3&4) Learned counsel for the appellant contends that despite passing
of orders for maintaining status-quo alleged contemnor is raising illegal
construction on the subject land. He further contends that earlier contempt
application bearing CMA No.3731/2017 is still pending
for hearing. Learned counsel for the appellant further contends that in
violation of the orders already passed by this Court in the instant Appeal alleged
contemnor/respondents are raising illegal construction and recent photographs
of the subject land are enclosed alongwith CMA No.1991/2018
as annexure “A/1” at pages-191 to 205. Issue notice to the alleged contemnor as
well as respondents.
To
ascertain the ground reality, the Nazir or his
nominee is hereby appointed as Commissioner to carry out inspection of the
subject land within seven days’ time after giving notice to all concerned.
Respondent No.4 is directed to be present at the time
of inspection alongwith relevant record of the subject land. Learned
Commissioner is directed to take photographs of the site at the time of
inspection and submit comprehensive with regard to the recent construction
raised on the subject land on or before next date of hearing. Inspection fee is
fixed at Rs.25,000/- to be
paid by the appellant directly to the learned Commissioner in advance. Concerned
SHO and SSP are directed to
provide requisite police force at the time of inspection to the learned
Commissioner to avoid law and order situation.
5to10) Deferred.
To come up on 13.09.2018.
JUDGE
JUDGE