ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.As. Nos.30 & 31 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.187/2022 (Urgent).

2. For order on CMA No.188/2022 (Exemption).

3. For hearing of main case.

4. For order on CMA No.189/2022.

5. For order on CMA No.190/2022.

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27^th January 2022

Mr. Haider Waheed, Advocate for Appellant.

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1. Urgency granted.

2. Exemption granted, but subject to all just exceptions.

3,4&5. Above High Court Appeals have been filed against common impugned order dated 20.12.2021 passed by the learned Single Judge of this Court in Suits No.88 and 803 of 2020, whereby, according to learned counsel for appellant, ad-interim order operating in the suit of the appellant i.e. No.803/2020, whereby directions were issued that no third party interest be created in respect of the suit property in the name of “Ali Tower”, have been recalled and further directions have been issued to the Nazir of this Court to ensure that the appellant and the respondent shall sign lease deed in favour of the allottees. According to learned counsel for the appellant, since the appellant is claiming 50% share in the subject project, therefore, the interest of the appellant to the extent of 50% from the sale of the flats in the subject project, if any, was required to be secured, which has not been done in the impugned order and there is apprehension that the amount of sale proceeds may be released in favour of the respondent and resultantly the claim of the appellant in Suit No.803/2020 will become infructuous.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 03.02.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant. In the meanwhile, the sale proceeds of flats in the subject project, if any, may be deposited before the Nazir of this Court.

J U D G E