ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.As. Nos.276 & 277 of 2022

___________________________________________________________________ Date Order with signature of Judge

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H.C.A. No.276/2022

FRESH CASE:

1. For order on CMA No.2591/2022 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.2592/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2593/2022 (Stay).

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H.C.A. No.277/2022

FRESH CASE:

1. For order on CMA No.2594/2022 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.2595/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2596/2022 (Stay).

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Dated; 30^th August 2022

Mr. Muhammad Imtiaz Khan, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection(s) before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Both these High Court Appeals arise against combined judgment dated 04.06.2022 and decree dated 25.06.2022 passed by the learned Single Judge of this Court in Suit No.512 of 2005, which according to learned counsel for appellant, was filed by the appellant seeking declaration, compensation and permanent injunction in respect of Plot of Land bearing No.14, Block-E, Post & Telegraph Cooperative Housing Society [P&T Society], Karachi and Suit No.1331 of 2005, according to learned counsel for appellant, was filed by the respondent seeking declaration, cancellation of document and permanent injunction in respect of same plot, whereas, both the suits were consolidated and joint issues were framed and after recording of the evidence the suit of appellant has been dismissed, whereas, the suit of respondent has been decreed, however, without examining the true facts and the legal position, which emerged in the suits, according to which, the appellant was purchased the subject plot after proper verification from the Soceity and he was the bonafide purchaser, whereas, the claim of respondent is that he was the original allottee of the subject plot stood falsified from the record of the Society and according to which, such plot was cancelled on account of default in making payment of installments etc. and, thereafter, such plot was allotted to the third party, who had sold it out to other party from whom the appellant has purchased such plot through registered sub-lease. It has been further contended by the learned counsel that the respondent was neither in possession, nor had any title documents in respect of subject plot, allotment of which was duly cancelled, however, the respondents did not file any proceedings before the Society and instead of filing the same at the belated stage, got forcefully possession of suit plot at the time of filing the suit.

Let pre-admission notices be issued to the respondents, to be served through first three modes, for 15.09.2022, when reply/objection, if any, shall be filed with advance copy to the leaned counsel for the appellant. However, till next date of hearing, the operation of the impugned combined judgment and decree shall remain suspended.

J U D G E