ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.128 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1476/2021 (Urgent).

2. For order on CMA No.1477/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.1478/2021 (Stay).

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11^th August 2021

Mr. Muhammad Mansoor Mir, Advocate for Appellant.

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1. Urgency granted.

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

3&4. Instant High Court Appeal has been filed against the impugned consolidated judgment dated 24.05.2021 and decree dated 26.05.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.1435 of 2015 (alongwith Suits No.1191/2016 and 567/2017), whereby, according to the learned counsel for appellant, while declining the claim of the appellant for specific performance learned Single Judge has awarded mense profit w.e.f. 01.09.2012 till the date of appointment of the Nazir as Receiver at the rate of Rs.20,000/- per acre, whereas, according to the learned counsel for appellant, the appellant was in possession of the subject land since January 2015. Learned counsel for the appellant submits that the appellant will press instant appeal only to the extent of award of compensation with effect from the year 2012 instead of the year 2015, whereas, learned counsel for the appellant requests for reduction of rate of compensation awarded by the learned Single Judge in the instant case.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for a date to be fixed after three weeks, when objections, if any, shall be filed with advance copy to the learned counsel for appellant.

J U D G E

*Farhan/PS*