ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.3095 of 2021
___________________________________________________________________ Date Order with signature of Judge
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1. For order on CMA No.22912/2021 (Urgent).
2. For order on CMA No.22913/2021 (Stay).
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31st December 2021
Mr. Mujtaba Sohail Raja, Advocate for Plaintiff.
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1 Urgency granted.
2. Through instant suit, the plaintiff is seeking declaration, specific performance and injunction to the effect that the defendants may be directed to perform his part of obligations pursuant to the two proposed Sale Agreements in respect of the subject properties i.e. (1) Plot of Land measuring 01-00 acre from Survey No.119/(01-00 acre) and 01-00 acre from Survey No.120 (01-00 acre) total measuring 02-00 acres of land, situated in Deh Dih, Taluka and District Korangi, Karachi and (2) Plot of Land measuring 01-00 acre from Survey No.111/(01-00 acre) and 01-00 acre from Survey No.112 (01-00 acre) total measuring 02-00 acres of land, situated in Deh Dih, Taluka and District Korangi, Karachi, against which the plaintiff has made payments of Rs.6.350 Million, Rs.2.450 Million and Rs.9.000 Million respectively, which have been duly acknowledged by the defendant. According to the learned counsel, plaintiff is willing to make remaining amount to the defendant, however, the defendant is not coming forward to proceed further with the transaction and there is likelihood that defendant may create third party interest in respect of the subject properties.
Let notice be issued to the defendant, to be served through first three modes, for 18.01.2022, when written-statement/counter-affidavit shall be filed with advance copy to the learned counsel for plaintiff. However, till next date of hearing, defendants may not create any third party interest in respect of the subject properties.
J U D G E
*Farhan/PS*