ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

C.P. No.D-1268 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.6121/2023 (Urgent).

2. For order on CMA No.6122/2023 (Exemption).

3. For order on CMA No.6123/2023 (Stay).

4. For hearing of main case.

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Dated; 7^th March 2023

Mr. Muhammad Haroon Shaikh, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. After arguing the matter at some length and while confronted as to maintainability of instant petition keeping in view the pendency of the suit and other proceedings before the competent Court of jurisdiction with regard to the right and title of the subject property, learned counsel for the petitioner submits that since the order has been passed in the execution proceedings, wherein, writ of possession has been issued, whereas, application filed by the petitioner under Section 12(2) CPC is not being decided by Vth Senior Civil Judge, Karachi West (Special Court for Cooperative Societies Karachi Division) in Society Suit No.1861/2021 and Society Execution Application No.71/2022, therefore, the petitioner has no option but to approach this Court. Contention of the learned counsel for the petitioner appears to be misconceived for the reason that in view of the pendency of the proceedings before the competent Court of jurisdiction a Constitution Petition cannot be filed, whereas, no order passed by any competent Court of jurisdiction appears to have been impugned in instant petition.

Accordingly, instant petition is dismissed in limine alongwith listed application. However, the petitioner is at liberty to approach the executing Court by filing appropriate application, whereas, it is expected that before passing any final adverse order in the execution proceedings, such Court shall decide such application of the petitioner, including application under Section 12(2) CPC at an early date in accordance with law.

J U D G E

*Farhan/PS*