ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on Nazir Report dated 19.9.2011

2. For Katcha Peshi.

3. For hearing of Misc. No. 517/2011

20.09.2012

Mr. Muhammad Yaseen Azad, advocate for the appellant.

Mr. Shaiq Usmani, advocate for respondent No. 1.

Mr. Ahmed Pirzada, advocate

Mr. Shafi Muhammad Memon, A.A.G.

All the counsel present request that though the matter has been earlier partly heard by a bench in which one of us namely: Mr. Naimatullah Phulpoto, j. was not a member, however, they have no objection of the matter being heard by this bench and would in fact request so. By consent of all the learned counsel for the parties present, the appeal is disposed of in the following terms :-

i. The application under section 12(2) CPC, filed by the appellant against the order impugned herein shall be heard and decided by the learned Single Judge of this Court, seized of the matter, within a period of three months from today.

ii. Mr. Muhammad Yaseen Azad, learned counsel for the appellant shall within a week’s time from today furnish copies of the aforenoted application alongwith its annexures to Mr. Shaiq Usmani as well as Mr. Ahmed Pirzada and shall also inform the learned counsel the next date of hearing so that they may, if so instructed by their respective clients, waive notice of the application and proceed accordingly.

iii. In case the learned counsel are not able and/or willing to waive notice, Mr. Yaseen Azad, advocate shall make his fullest endeavor to have the respective client of the counsel served.

iv. The parties shall make their fullest endeavor for the disposal of the above noted, 12(2) CPC application within three months.

v. The property in question shall remain in the custody/power of the Nazir as ordered in the present proceedings till the disposal of the above noted application.

vi. To ally the anxiety of Mr. Shaiq Usmani, we would further direct that fullest efforts be made to have all the concerned served with notices of the aforenoted application through all first three modes so that the disposal, as ordered, may not be delayed.

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice Naimatullah Phulpoto/20.9.2012/zahid