ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-2230 of 2012

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Dated: Order with signature of Judge(s)

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1. For order on CMA No.15391/2018

2. For order on CMA No.15392/2018

3. For Hg. of CMA No.641/2018

4. For Hg. of CMA No.34219/2017

5. For Hg. of CMA No.34220/2017

6. For Hg. of CMA No.8110/2015

7. For Hg. of CMA No.13469/2012

8. For hearing of main case.

28.04.2018

Syed Haider Imam Rizvi, advocate for petitioners.

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1) Urgency granted.

2) Per learned counsel for the petitioners, the petitioners are residents of KDA Officers Cooperative Housing Society, situated behind National Highway, Karachi. Per learned counsel for the petitioners, the petitioners filed present petition in respect of 5.46 acres of land situated adjacent to South/South East side of KDA Officers Cooperative Housing Society, Karachi which is part of the KDA Pipe Factory and could not lawfully allotted to the respondent No.6. This petition was fixed on 18.06.2012 when restraining order was passed by this Court viz. “no third party interest shall be created on the subject land till 16.07.2012”. Per learned counsel said interim order is still holding field. Learned counsel further submits that on 11.01.2018 an order was also passed in presence of law officer of respondent No.6 and Mr. Fazal-ur-Rehman advocate appearing for applicant/intervenor and for petitioner in C.P. No.D-3743/2017 was present at the time of passing of that order and when the respondent NO.6 was restrained to execute sale deed in terms of order already passed on 18.06.2012 for not creating any third party interest over subject property and respondent No.6 was directed to place on record all the transactions of the land that have been made after passing of interim order on 18.06.2012 in this petition.

Learned counsel for the petitioners has also referred to order dated 27.02.2018 passed in this petition when according to the learned counsel for the parties alleged contemnor No.1 was confined in prison in some case of the same society. He further submits that on 27.02.2018 none was present for respondent No.6 and order already passed on 11.01.2018 was not complied with. Learned counsel for the petitioners has also drawn attention of this Court to the contempt application bearing CMA No.34219/2017 and referred to page-459 copy of Indenture of Lease executed on 10.06.2014 in favour of Ms. Mahera Hassan daughter of Muhammad Shahid Hassan in contravention and in violation of restraining orders of this Court dated 18.06.2012. Learned counsel for the petitioners submits that above-named Mahera Hassan filed C.P. No.D3743/2017 in this Court and by deceitful manner and by suppressing actual facts from this Court obtained exparte order dated 26.04.2018 for dismantling of the boundary walls within three days time and restore its original status in terms of the approved revised layout plan.

Learned counsel for the petitioners has referred to original layout plan of Block-A, KDA Officers Cooperative Housing Society issued on 10.04.1994 where boundary walls of the society is visible, which is dividing the KDA Officers Cooperative Housing Society and KDA Pipe Factory. Such layout plan is available as annexure “P/31 alognwith CMA No.34219/2017 at page-499, which bears signature and seal of Muhammad Saifullah, Deputy Director (U.D.), MP&EC Department, KDA. Learned counsel for the petitioners submits that counsel appearing on 26.04.2018 in C.P. Nos.3743, 3733 of 2017 and C.P. No.D-30/2018 referred revised layout plan, which has been issued in violation of restraining orders and submits that the approved layout plan subsequently issued as has been referred in the letter of Master Plan Department SBCA dated 30.11.2017 and the same was issued in contravention of the restraining orders already passed by this Court on 18.06.2012 and 11.01.2018 passed in this petition. Issue notice to the respondents and all concerned for 17.05.2018. Till next date of hearing, respondents are restrained from demolishing the perimeter wall/boundary wall between the KDA Officers Cooperative Housing Soceity and the KDA Pipe Factory as has already earmarked in the approved layout plan dated 10.04.1994, referred to above.

Learned counsel has placed on record certified copy of order dated 26.04.2018 passed in C.P. No.D-3743/2017 and others, referred to above, which is taken on record and office is directed to place those petitions alongwith instant petition after issuance of notice to the petitioners in those petitions.

Copy of this order be sent through ordinary course and by facsimile to respondent No.3 through its Director General for information and compliance.

JUDGE