O R D E R     S H E E T

IN   THE   HIGH   COURT   OF   SINDH   AT   KARACHI

 

C. P. Nos.D-1286/2008 & D-1084/2008

ORDER WITH THE SIGNATURE OF THE JUDGES

1.         For Katcha Peshi.

2.         For hearing of Misc. No.5164/08

 

12-01-2010:

 

Mr. Kashif Paracha, Advocate for the petitioner.

Mr. Muhammad Sarfaraz Sulehri, Advocate for the respondent/KPT.

                                    - - - - - - -

            The petitioner essentially claims protection against purported undue harassment by the KPT. Mr. Kashif Paracha, learned counsel for the petitioner, has drawn our attention to the order of learned Single Judge in Suit No.843/04 dated 22.02.2007 wherein it has been observed that the land has been given by the Government of Sindh and the KPT is not owner of the suit property situated at Plot No.3-A, K-28, Trans Lyari Quarters, Phase II, Hawksbay Road, District West, Karachi. It is stated that the petitioner's land also falls in Trans Lyari Quarters.

Mr. Muhammad Sarfaraz Sulehri, learned counsel for the respondent/KPT points out that the judgment of the Court is the subject matter of HCA No.82/2007 and he still maintains that the land belongs to KPT. Since we are not examining the title of either. Only relief that may be conceded to the petition is protection against any undue harassment. Mr. Muhammad Sarfaraz Sulehri, learned counsel for KPT states that KPT shall act strictly per law, which statement is taken on record. At the same time the petitioner also states that he will not create any 3rd party interest as he has also filed the suit against Government of Sindh. Since hostile claim is being agitated by the KPT, the petitioner may consider to add the KPT as a party in the suit stated to be pending.

            With these observations, we do not see any more reason to keep this petition pending any longer and is being disposed of accordingly along with all pending applications.

                                                                                                            J U D G E

                                                                                    J U D G E                  

Nadeem