ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Suit No.524 of 2006

24.03.2008

Mr. Zia-ul-Makhdoom, Advocate for Plaintiff.

Mr. Abdul Wajid Wyne, Advocate for Defendant.

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1.    By this application the intervener has prayed for joining her as plaintiff No.3. It has been stated on behalf of the intervener that during pendency of the suit she has purchased the flat in question from the plaintiff No.1 and is necessary and proper party to the proceedings of the suit.

      The learned counsel for the defendant submits that subject to all just exceptions and the legal objection which he may raise at the time of filing amended written-statement he has no objection for joining the intervener as plaintiff No.3.

      In view of the above, this application is allowed. The learned counsel for the plaintiff may file amended title within 15 days, and thereafter, the learned counsel for the defendant may file written-statement in which he may raise legal objection with regard to the joining of intervener as plaintiff No.3.

      The application is disposed of in the above terms.

2.    By this application the plaintiff has prayed for a restraining order against the defendant from creating any third party interest in respect of the Apartment No.A-602, 6th Floor, Block-A (VVIP) in the project named as Chapal Navinta Mall & Luxury Apartments situated on Plot No.A-221, E.I. Lines, Dr. Dawoodpota Road, Saddar, Karachi.

      The learned counsel for the defendant submits that subject to deposit of the balance sale consideration of Rs.2,459,125/-.

      The learned counsel for the plaintiff has no objection for the depositing of the said amount with the Nazir of this Court.

      In view of the above, both the parties are directed to maintain status quo with regard to the title and possession of the flat in question subject to the deposit of the above balance sale consideration with the Nazir of this Court within 30 days from today. On depositing of the said amount the Nazir is directed to invest the same in some Government profitable scheme.

3.    Deferred.

   JUDGE

*Farhan*