ORDER SHEET
SMA No.166 of 2007
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Order with signature of Judge
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For orders on Nazir’s report dated 21.05.2009.
27.05.2009.
Mr. Muhammad Aqil, advocate for the Petitioner.
Petitioner Mst. Syeda Shehla, legal heirs Syed Hasnain Mustafa, Mst. Kishwar Khurshid, Mst. Syeda Razia Khurshid are present in person.
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QAISER IQBAL-J: Vide order dated 20.01.2009, immoveable property left behind by the Deceased Syed Khurshid Mustafa comprising of House No.61, measuring 120 sq. yards Area 36-F, Landhi Colony, Karachi was directed to be auctioned by the Nazir, Shahdab Mirza one of the prospective purchaser, who had deposited part of sale price with the Nazir was not in a position to pay balance sale consideration. It is vouchsafe from the Nazir’s report that Shahdab Mirza did not come forward nor had paid any part of the auctioned price in respect of above property. Nazir is directed to auction the above property afresh.
In the above referred order, the Petitioner was already granted opportunity to produce prospective purchaser with better price to association, in the auction proceedings to be held by the Nazir.
By virtue of statement filed by the legal heirs, of deceased Syed Khurshid Mustafa, it transpired that Bungalow No.E-23, admeasuring 300 sq. yards situated in Block-F, Pakistan Railways Employees Cooperative Housing Society Limited, Gulshan-e-Jamal Karachi has fetched Rs.80,00,000/- out of which 10% of total cost in advance has been deposited by one Rafaquat Hussain Jamil with the Nazir and he is ready and willing to deposit remaining amount of Rs.72,00,000/- through Pay Order No.1774144, 1860368, 50371061198, 2381693, Pott 3076414 and 2381685 dated 15th, 16th and 17th May, 2009, photocopies of the same have been placed on record.
In view of no objection extended by the legal heirs present in Court, Nazir is directed to accept the above referred Pay Order towards balance sale consideration in respect of property situated in Gulshan-e-Jamal, Karachi, proceed to complete transaction by delivering original documents for the purpose of transfer of title including delivery of physical possession, by adopting all codal formalities.
The offer of one Rafaquat Hussain Jamil is hereby confirmed. Let all cordal formalities be complied with by the Nazir for completion of above transaction in letter and spirit.
Nazir is directed to complete all formalities in respect of property situated in Landhi, towards its auction within one month. Orders accordingly.
JUDGE
MUBASHIR