ORDER
SHEET
Constitutional
Petition No.D-3639 of 2012
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DATE ORDER WITH SIGNATURE(s) OF THE JUDGE(s)
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1)
For orders on Misc. 39937/2012 (U/A)
2)
For orders on Misc. 39938/2012
(Exemption)
3)
For Katcha Peshi.
4)
For orders on Misc. 39939/2012
(Stay)
12.10.2012
Mr. Salman A.
Qureshi, Advocate for Petitioner
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Through the
instant petition, the Petitioner has sought the following relief:-
(a)
To declare that the harassment,
irritation, aggravation and annoyance and creating obstacle and hindrance just
to dispossess the Petitioners and trespass the property in question viz.
bearing Plot No.89, Survey No.21/19, K.M.C.H.S., Block 7 and 8, measuring 302
square yards, situated at Choudhry Lal Muhammad Road, Karachi, are illegal,
arbitrary, violative of law and an act to usurp the property in question of the
Petitioner despite of the fact that the suit with regard to ownership of
petitioner is pending before this Honourable Court.
(b)
Direct the Respondents No.4 to 6, 12 to
15 and Respondent No.10, 16 and 17 not to register any further FIR by narrating
fairytale stories without due permission of this Honourable Court if any FIR
has been registered, same may be placed on record and quashed the same.
(c)
Direct the Respondent No.8 and 9 not to
make any dealing with regard to property in question viz. bearing Plot No.89,
Survey No.21/19, K.M.C.H.S., Block 7 and 8, measuring 302 square yards,
situated at Choudhry Lal Muhammad Road, Karachi in favour of private
Respondents or any other person till disposal of this petition and Suit
No.1763/2010 pending in this Honourable Court.
(d)
Direct the Respondents to register FIR
against the cheating, fraud, misappropriation and manipulation of documents
against the private Respondents.
(e)
Permanent injunction restraining the
Respondents and their representative from harassing, humiliating, beating,
pressurizing, particularly registering further false FIRs against the
Petitioners and other family members, they may further be restrained from
encroaching, dispossessing the Petitioners from the property in question viz.
bearing Plot No.89, Survey No.21/19, K.M.C.H.S., Block 7 and 8, measuring 302
square yards, situated at Choudhry Lal Muhammad Road, Karachi, consequently
execute the sale deed or register title documents in favour of the Petitioner.
Mr. Azizul Haque Solangi, learned
Assistant Advocate General Sindh, present in the Court in some other cases,
waives notice.
By consent,
this petition is disposed of by directing the official Respondents to conduct
themselves in the matter strictly in accordance with law and not to harass,
and/or intimidate the Petitioners illegally and/or unlawfully. The official
Respondents shall also not indulge in the matter illegally and/or unlawfully.
The petition
alongwith pending applications stands disposed of in the foregoing terms.
JUDGE
JUDGE
Gulsher/PA