O R D E R S H E E T
IN THE HIGH COURT OF SINDH AT KARACHI
M.A. No.79 of 2008
ORDER WITH THE SIGNATURE OF THE JUDGES
1. For Katcha Peshi.
2. For hearing of CMA NO.3474/2008.
10.03.2010:
Mr. Abdul Qadir Anwar, advocate for the appellant.
Mr. M. Sharif, Advocate for the respondent No.1.
Respondents Muhammad Ibrahim & Muhammad Rashid are present in person.
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The instant appeal was filed against the impugned order passed by Ist Additional District Judge, Karachi East, in SMA No.526/07 on 10.05.2009 whereby the subject property being a estate left behind by deceased namely Abdul Aziz son of Abdul Majeed, was directed to be sold through Nazir of the Court, whereafter the share of the legal heirs was required to be distributed among themselves as per sharia. Learned counsel for the appellant contended that since the appellant has invested certain amount in the subject property, he is entitled for such amount in addition to his respective share. To this contention it appears that rest of the legal heirs, who are present in Court, have brought a written compromise dated 10.03.2010, which appears to have been reached among legal heirs, which is placed on record. Both the parties urged that this appeal may be disposed of in terms of the compromise mentioned hereinabove.
Accordingly, the instant appeal is disposed of in terms of the compromise reached among the parties, according to which the appellant is entitled for Rs.100,000/- in addition to his respective share. Under the circumstances, Nazir of the Court of Ist Additional District Judge, Karachi East, is directed to expedite the sale of the subject property and thereafter distribute the respective share among the legal heirs as per sharia and an additional amount of Rs.100,000/- shall be paid to appellant namely Abdul Fareed which may be deducted from respective shares of other legal heirs in equal proportion.
The appeal stands disposed of alongwith the listed application in the above terms.
JUDGE
Nadeem