ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Execution Application No.86 of 2007

Date                                         Order with signature of Judge

Mr. Muhammad Qutubuzzaman, for the Decree Holder.

None for the Judgment Debtor.

…..

The Decree Holder has filed this Execution Application No.86/2007 in Civil Suit No.907/2007. Originally, Suit No.907/2007 was filed by Abdul Qadir Musani son of Abdul Razzaq against Mian Aftab Iqbal son of Mian Abdul Hamid, for Declaration, Possession, Permanent Injunction, Specific Performance, Cancellation and Damages.

2.         The perusal of file shows that on 01.10.2007, my learned brother Mr. Justice Anwar Zaheer Jamali (as he then was) on compromise application under Section XXIII, Rule 3, CPC (CMA No.7800/2007), filed by the respective parties, decreed the suit on the terms and conditions as contained in the said compromise application.

3.         The present execution application was filed by the Decree Holder on 02.11.2007 for execution of decree in terms of the above referred compromise between the parties. The order dated 20.2.2008 shows that Mr. Saalim Salam Ansari, advocate had filed objection through CMA No.122/2008 on behalf of Zahid Shaukat and others claiming to be the owner of the said property. Learned counsel Mr. Muhammad Qutubuzzaman has filed counter affidavit to this application whereby the learned counsel has denied all the averments made in the application. Learned counsel has further submitted that the objector is trying to misguide the Court and the Nazir has supported the Objector by not complying with the Court's order dated 01.2.2008. Learned counsel has further submitted that before filing the aforementioned civil suit, the plaintiffs made publication in daily JANG dated 16.7.2007 and the sale deed was executed and registered through Nazir of this Court in favour of the plaintiff/decree holder, hence the CMA No.122/2008 of the objector is liable to be dismissed.

4.         I have heard learned counsel for the Decree Holder and with his assistance have gone through the material available on record, particularly the decree dated 01.10.2007.

5.         In view of the above circumstances, CMA No.164/2008 and CMA No.165/2008 is allowed as prayed. The Nazir is directed to hand-over the vacant physical possession of the suit property bearing No.41, Block A, Muhammad Ali Memorial Cooperative Housing Society Limited, measuring 2000 square yards, Karachi, to the Decree Holder/plaintiff, as was earlier ordered by this Court on 01.2.2008. No appeal has been filed against the order and decree dated 01.20.2007, passed in Civil Suit No.907/2007 till 17.11.2007, as informed by the Assistant Registrar (Civil). The office note shows that that there is an application in the present execution proceedings under Section XXI, Rule 58, CPC (CMA No.122/2008), filed by Mr. Saalim Salam Ansari, advocate on behalf of the objector, which is fixed in Court on 24.3.2008. The said application of the objector is not maintainable in the present proceedings. However, if the objector has any grievance in respect of the suit property, he can avail his remedy only by filing separate proceedings if so advised, for his redressal, if any.

Execution Application No.86 of 2007 is disposed of in the above terms.

JUDGE