ORDER SHEET
IN THE HIGH COURT OF SINDH,
KARACHI
C.P. No.D-3207 of 2018
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Dated: Order with signature of
Judge(s)
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1. For order on
Misc. No.14586/2018
2. For order on office
objection No.27
3. For order on
Misc. No.14587/2018
4. For order on
Misc. No.14588/2018
5. For hearing of
main case.
25.04.2018
Mr. Malik Khushhal Khan, advocate for the petitioner.
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1) Urgency
granted.
2) Deferred
for the time being.
3) Exemption
granted subject to all just exceptions.
4&5) Learned counsel for the petitioner submits that the
petitioner has filed a Arbitration case No.05/2017 under section 54 of the Cooperative Societies
Act, 1925. As per learned counsel said arbitration case has been decided in favour of the petitioner by the Registrar’s Nominee,
Cooperative Societies Sindh, Karachi. Photocopy of
Award dated 17.04.2017 is available as annexure “P/10” at page-51 with MoP. Per learned counsel for the petitioner, the petitioner
has filed execution application bearing No.03/2018 in
the Court of Vth Senior Civil Jude, Karachi-East. The
judgment debtor (present respondent No.2) is
contesting that Execution Application. Photocopy of execution application is
enclosed as annexure “P/12” at page-69 with MoP. Learned
counsel further submits that on 24.03.2018 respondent No.2
issued a show cause notice to the petitioner, which was duly replied by the
petitioner. Photocopy of show cause notice and acknowledged copy of its reply
received in the office of respondent No.2 on
05.04.2018 are enclosed as annexure “P/14 and “P/15” at page-81 and 84
respectively with the MoP. Per learned counsel for
the petitioner, on 23.08.2008 a proposal for creation of residential plot
bearing No.34-II-2, Block-6, PECH
Society, Karachi was issued to the Executive District Officer (MPGO) by the respondent No.2,
which is available as annexure “P/20” at page-109 with MoP.
Learned counsel further contends that after award has been passed by the
Registrar’s Nominee and filing of execution application by the petitioner against
respondent No.2, the respondent No.2
has malafidely issued letter on 07.04.2018 to the
Senior Director Master Plan Department, SBCA, Karachi
for withdrawal of leter dated 23.04.2008 for creation
of aforementioned plot. Learned counsel further submits that the petitioner is
apprehending adverse/malafide action at the hands of
respondent No.2.
Issue
notice to the respondents and Additional Attorney General for Pakistan for
11.05.2018. In the meantime, the operation of the impugned letter dated
07.04.2018 issued by the respondent No.2 shall remain
suspended. However, respondent No.2 may proceed with
the show cause notice but no final order should be passed, till next date of
hearing.
JUDGE
JUDGE