ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.196 of 2006
1. For further orders
2. For orders on MCA No.10303/2007
3. For hearing of CMA No.1192/2006 (O 39 R 1&2)
4. For hearing of CMA No.1379/2006 (U/s 152 CPC)
25-2-2008
Mr. Malik Khushal, Advocate for the Plaintiff
Mr. Muhammad Abdullah, Advocate for the Defendants
1. Deferred
2. The learned Counsel for the Defendants states that delay in filing the written statement may be condoned as it was unintentional and due to the circumstances beyond his control. The Application is allowed.
3. The learned Counsel for the Plaintiff states that interim order passed on 27-2-2006 may be ordered to continue till disposal of CMA No.1192/2006. Order accordingly.
4. The learned Counsel for the Plaintiff states that through this application he wants to make correction in paragraphs 5 and 6 of the plaint as instead of Defendant No.8 erroneously Defendant No.7 has been typed. The learned Counsel for the Defendants has no objection. This Application is allowed.
Judge
ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.555 of 2004
1. For hearing of CMA No.9816/2005 (O 1 R 10)
2. For hearing of CMA No.11249/2005 (O 1 R 10)
3. For hearing of CMA No.5419/2007 (O 1 R 10)
4. For hearing of CMA No.8063/2007 (O 1 R 10)
5. For hearing of CMA No.8488/2007 (u/s 151)
6. For hearing of CMA No.8489/2007 (O 1 R 10)
7. For Issues
8. For orders on CMA No.1262/2008 (O 1 R 10)
25-2-2008
Mr. Anand P. Kamrani, Advocate for Intervenor alongwith Mst. Ghori daughter of late Taj Muhammad
Applicant Ayaz Khan present in person
1&2 Allowed
3. CMA No.5419/2007
One Ayaz Khan son of Niaz Ali is present in Court and states that one Ghulam Hussain Mustafai son of Chottay Khan has filed this Application wrongly claiming to be his attorney. Issue notice to Mr. Rehmat Hussain, Advocate to appear in Court on 10-3-2008 and produce Ghulam Hussain Mustafai in this Court.
4. CMA No.8063/2007
This Application has been filed by one Haji Jafer Rind Baluch in his capacity as attorney of Mst. Ghori. Mst. Ghori present in Court states that Haji Jafer Rind Baluch is not her attorney but is a crook. Issue bailable warrant in the sum of Rs.50,000/- against Haji Jafer Rind Baluch resident of Ghoth Chishti Nagar, Gulistan-e-Jauhar, Block 10, House No.12, Gulshan-e-Iqbal Town, Karachi, to appear in Court and explain why he has filed this application on behalf of Mst. Ghori who states that he is not her attorney. SHO Gulistan-e-Jauhar is directed to produce Haji Jafer Rind Baluch in Court on 10-3-2008.
5. CMA No.8488/2007
Allowed.
6. CMA No.8489/2007
Mst. Ghori daughter of late Taj Muhammad states that she is legal heir of deceased Taj Muhammad and has interest in the property. CMA No.8489/2007 under Order I Rule 10(2) CPC is allowed. Plaintiff is directed to file amended title of the plaint impleading all the legal heirs of deceased Taj Muhammad, intervenors No.1 to 52, as party in the suit.
Plaintiff is directed to file amended title of the Plaint before the next date of hearing. Adjourned to 10-3-2008
Judge
ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.130 of 2007
1. For hearing of CMA No.933/2008 (O 6 R 17)
2. For orders on CMA No.1406/2008 (O XII R 6)
25-2-2008
Mr. M. Ilyas Khan Tanoli, Advocate for the Plaintiff
Mr. Malik Khushal, Advocate holding brief for Mr. Habibullah Jatoi, Advocate
Muhammad Yousuf, Court Clerk of Mr. Zain Jatoi, present in court
1. Notice of this Application was waived by Mr. Zain Jatoi, Advocate, on the last date of hearing. No counter-affidavit has been filed. He is not present today. Through this Application the Plaintiff wants to add Defendants No.2 to 5, who were earlier deleted through an Application moved by the Plaintiff's Counsel. The Plaintiff has also sought amendments in the plaint. CMA No.933/2008 is allowed as prayed.
2. Notice of this application is waived by Mr. Malik Khushal and a copy has been supplied to him. Adjourned to 3-3-2008.
Judge
ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.369 of 207
For hearing of CMA No.516/2008
25-2-2008
Mr. Khalid Arshi, Advocate alongwith Plaintiffs No.1 and 2
Mr. Khalid Hameed, Advocate for the Defendant No.2
Mr. Khalid Hameed, Advocate for the Defendant No.2, states that he has strong objections regarding withdrawal of the suit as it is a suit for administration. He requests for time to find out case law on the point that suit for administration once filed cannot be withdrawn without consent of the Defendants. He further states that the Defendant No.2 is not in contact with him and all efforts made through telephonic calls and SMS by him have failed. Office is directed to issue notice to Mst. Sajida Bibi, Defendant No.2, through courier, registered post AD, pasting on the outer door of the residence of the Defendant No.2 as well as through bailiff on the cost of Mr. Khalid Hameed, Advocate. Cost to be paid within three days. Adjourned to 10-3-2008 at 11 A.M.
Judge
ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.1317 of 2001
25-2-2008
Mr. Khalid Javed Khan, Advocate for the Plaintiff
Mr. Taha Ali Zai, Advocate for the Defendants No.1 and 2
Today Mr. Khalid Javed Khan, learned Counsel for the Plaintiff has moved an application under Order 23 Rule 1 CPC for withdrawal of the suit. The Application has been signed by the Plaintiff as well as Mr. Khalid Javed Khan. Mr. Taha Ali Zai, learned Counsel for the Defendants No.1 and 2 has no objection to the withdrawal of the suit. The Application is allowed and the suit is dismissed as withdrawn with no order as to costs. Office is directed to put CMA number on the application.
Judge
ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.657 of 2003
1. For orders on CMA No.8732/2007 (Order 23 Rule 1 CPC)
2. For hearing of CMA No.3692/2003 (Order 37 Rule 3)
25-2-2008
Mr. Taha Ali Zai, Advocate for the Plaintiff
None present for the Defendant
1. The learned Counsel for the Plaintiff states that he has moved this Application under Order 23 Rule 1 CPC for withdrawal of the suit, which is also signed by the Managing Director of the Plaintiff. The Application is allowed and the suit is dismissed as withdrawn alongwith CMA No.3692/2003 with no order as to costs.
Judge
ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.482 of 2005
1. For hearing of CMA No.2510/2005
2. For issues
25-2-2008
Shah Jehan Shah, Plaintiff No.1 present in person.
Plaintiff No.1 has filed an Application under Order I Rule 10(2) CPC for deleting the names of the Defendants No.5 and 6 from the array of Defendants. He states that he has not sought any relief against the Defendants No.5 and 6 in this Suit and he has no grievance against them as well. He further states that he made them party only on the wrong statement of the complainant. Now he is clear in mind that the Defendants No.5 and 6 have done nothing wrong against him. The Application is allowed. Office is directed to delete the names of Defendants No.5 and 6 from the array of Defendants. Plaintiffs are directed to file affidavit in exparte proof within three days. Adjourned to 3-3-2008.
Judge
ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.561 of 1995
For arguments
25-2-2008
Mr. Muhammad Ilyas Khan Tanoli, Advocate for the Defendant No.2
Mr. Agha Zafar, Advocate for the Defendant No.4
Mr. Khalid Javed, Advocate for the Plaintiff, was present in the morning when he left the Court with permission and has gone to the Honourable Supreme Court, Karachi Bench, where his cases are fixed today. Defendants Counsel have submitted their written arguments and today Mr. Khalid Javed was to file his written arguments or to make oral submissions. The matter is reserved for judgment. Mr. Khalid Javed, Advocate for the Plaintiff can submit his written arguments.
Judge