ORDER SHEET

 

IN THE HIGH COURT OF SINDH AT KARACHI

 

R.A No. 160 of 2006.

 

Date          Order with signature of Judge

1.   For hearing of CMA No. 2167/2011.

2.   For Katcha Peshi

3.   For hearing of CMA No. 3175/2006.

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09.05.2011

Mr. Shafaat Hussain, Advocate for the Applicant.

Mr. Syed Amjad Hussain, Advocate for Respondent No.1 a/w Respondent No.1 Syed Shahid Ali.

Mr. Ch. Muhammad Iqbal and Malik Asghar, Advocates for Respondent No.3.

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O R D E R

 

Aqeel Ahmed Abbasi, J:- During pendency of the instant revision application it appears that the matter has been amicably compromised between the parties. Accordingly, both the parties have filed an application under order 23 Rule 3 C.P.C (CMA No.2167/11) which has been duly signed by both the applicant and respondent No.1 as well as by their respective counsel, wherein it has been prayed that the instant revision application may be disposed of in terms of the compromise reached between the parties.

Since the dispute pertains to a plot of land situated in D.H.A, notices were issued to the administrator of D.H.A with the direction to submit comments in respect of subject property as well as on the compromise reached between the parties.

Today Mr. Malik Asghar has filed statement on behalf of respondent No.3, which is taken on record. Copies of which have been supplied to other counsel. It appears that the respondent No.3 has verified that the subject plot is still existing in the name of the applicant i.e. Brig. (R) Muhammad Akhtar. It is further stated that as per requirement of the D.H.A, for the purposes of transfer the allottee i.e. the applicant shall appear personally (alongwith original title documents) before the authorized officer of the authority for signatures on transfer documents.

Since both the parties have settled their dispute outside the Court and have reached to a compromise, whereas the D.H.A. has also filed statement, stating that they have no objection if the suit is decreed in terms of compromise, therefore, there seems no impediment to accept such compromise.

Accordingly, instant revision application is disposed of in terms of following compromise:-

"1.  That the parties shall jointly make efforts to dispose off the Plot in dispute viz. Commercial Plot No.12-C, measuring 100 square yards situated at Zulfiqar Commercial, Phase VIII, D.H.A., Karachi, to any prospective purchaser offering highest price which shall be deposited with the Nazir who will also invite offers in case the parties fail to bring any purchaser for sale of the property and such sale shall be confirmed by the Hon'ble Court.

2.              That the amount of sale consideration shall be distributed between both the parties i.e. Applicant and the Respondent No.1 by the Nazir in the manner that the Applicant shall receive 35% of the sale price whereas the Respondent No.1 shall receive 65% of the sale price. The purchaser shall deposit the entire sale consideration with the Nazir.

3.              In view of the above settlement the claim of the Respondent No.1 in the above matter shall stand withdrawn upon receipt of 65% of the sale consideration of the plot in question from the Nazir.

4.              That since the plot still stands in the name of the Applicant in the Records of D.H.A., the Applicant shall execute the required Transfer documents in favour of the prospective purchaser before the D.H.A., the Respondent No.3 herein to which the Respondent No.1 shall have no objection.

5.              That after the disposal/sale of the plot in dispute in the manner as agreed above the Applicant and Respondent No.1 shall have no claim against each other in respect of the said plot.

6.              If any of the parties want to purchase the plot, the sale price according to the satisfaction of the parties, shall be deposited with the Nazir who will distribute the amount of sale consideration according to their shares.

7.              The development charges or any other dues, shall be borne in the ratio of 65% and 35% respectively including the Nazir's fee."

Learned counsel for the applicant states that since the original document i.e. Allotment Order No.DHA/SSI/WI-6435, dated 22.12.1981 is lying with the 2nd Senior Civil Judge, Karachi (South) in civil suit No. 193/1999, the Nazir of this Court be directed to collect above original allotment order, after keeping the photocopy of the same in the record, whereafter the Nazir shall produce the said document before the concerned authority for affecting the compromise in accordance with law. Order accordingly.

In view of hereinabove, instant revision application is disposed of in terms of compromise noted hereinabove, alongwith listed applications.

     Nazir fee is settled in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) to be paid in advance by both the parties.

 

Judge

 

 

 

 

 

 

 

 

 

MANZOOR