ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.1855 of 2010

------------------------------------------------------------------------------------------------------------

DATE                  ORDER WITH SIGNATURES OF JUDGE(S)

------------------------------------------------------------------------------------------------------------

1. For hearing of CMA 6485/16

2. For hearing of CMA 12358/10

3. For hearing of CMA 12539/10

4. For examination of parties/settlement of issues.

Dated: 29.08.2018

Mr. Muneer Ahmed for plaintiff.

Mr. Shahid Iqbal Rana for defendants No.1 and 2.

Rao Liaquat Ali Khan for defendant No.3.

-.-.-

. With the mutual consent of the learned counsel for the parties, following issues are adopted:-

1. Whether the suit of the plaintiff is maintainable under the law as the matter is subjudice before the defendant No.2?

2. Whether the plaintiff is entitled for transfer in her name under section 3-B of scheme for the management and disposal of urban evacuee trust properties 1997?

3. Whether the suit is maintainable due to non-joinder of Government of Pakistan/Federation of Pakistan being necessary and essential party?

4. Whether the defendants No.1 and 2 are bound to transfer the whole property viz. TL. 1/14 comprising 03 units, TL. 2/14. G-1 commercial, TL. 2/14. 1/1 residential, TL. 2/14. 2/1 residential when the deceased Mst. Asghari Begum has only given affidavit for change of tenancy in respect of only one tenement 2/1 of property No.TL.2/14?

5. Whether in view of the admissions contained in paragraph 2 of the written statement filed on behalf of the defendants No.1 and 2 the suit subject to the rights of defendant No.3 could be decreed under these facts and circumstances? If yes, to what effect?

6. Whether the plaintiff or the defendant No.3 is entitled to for the vacant and peaceful possession of the properties as mentioned in paragraph 2 of the plaint? If yes, to what extent?

7. Whether the plaintiff is entitled for the mesne profit?

8. What should the decree be?

With the mutual consent of all the learned counsel Mr. Muhammad Ikram Siddiqui Advocate, having office at 52, Aziz Chamber, Opp. City Courts, Karachi, is appointed as commissioner to record evidence of the parties. Parties are directed to file their pleadings with the commissioner within 15 days along with documents and list of witnesses. The fee of the commissioner is fixed at Rs.15000/- per witness which shall be borne by the plaintiff for all the parties, as consented by counsel for the plaintiff. Commissioner is granted three months’ time to conclude the evidence.

                                                                                    J U D G E