IN THE HIGH COURT OF SINDH, KARACHI
Const. Petition No.D-2020 of 2011
Date Order with signature of the Judge
1. For Katcha Peshi.
2. For hearing of Misc. No.9303/2011.
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Mr. Waqar Muhammad Khan Lodhi, Advocate for Petitioner.
Mr. Muhammad Ashraf Khan Mughal, DAG for Respondent No.1.
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Counsel for the petitioner contends that the respondents have sealed bungalow bearing No.203/C, K.D.A. Scheme No.1/A, Karachi, which was used by the petitioner as godown, on the ground that it being residential premises is being used for commercial purposes. Counsel further contends that it being a rented premises and the petitioner is inclined to vacate it, however, the respondents be directed to de-seal the same enabling the petitioner to remove its goods, fittings and fixtures in the said bungalow and thereafter to handover its possession to its owner.
On the other hand, despite service of notice no one has effected appearance on behalf of the Cantonment Board Faisal nor filed the comments and the learned DAG is also not in a position to provide any assistance, therefore, we direct the respondents to remove the seal of the bungalow enabling the petitioner to remove its belonging from the said bungalow. Counsel says that in order to store perishable goods an air conditioning plant was installed and the removal of goods as well as cooling plant would take at least three-months. Time as prayed is allowed, however, during this period petitioner would not conduct any commercial activity in the said bungalow and this order would be subject to the right of landlord of the bungalow to receive payment of rent.
This petition in above terms stands disposed of.
JUDGE
JUDGE