IN THE HIGH COURT OF SINDH AT KARACHI
H.C.A.No.135
of 2009
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1.
For
orders on Nazir Report dated 30.07.2012.
-.-.-.-.-.-.-.-.-.
02.10.2012
Appellant Syed Abdullah Abidi
present in person.
Mst. Hajra Abidi and Asia Abidi
Respondents Nos. 1 and 2 are present in person.
Mr. Syed Jamil Ahmed Advocate.
-.-.-.-.-.
By
order dated 06.04.2010, the above appeal was disposed of in the following
terms:-
A.
The
Respondents shall continue to reside in the house in dispute i.e. No.A-530,
Block-H, North Nazimabad, Karachi for full two years from the date hereof,
whereafter the Nazir of this Court shall proceed to sell the same by inviting
offers. The parties herein shall be at liberty to submit their offer and to
participate in the sale proceedings. The parties shall also be entitled to meet
the highest offer. The sale proclamation shall be published in Daily “DAWN” and
Daily “JANG”, Karachi. The sale proceeds shall be shared between the parties
equally i.e. the Applicant shall be paid 50% and the balance 50% shall be paid
to the Respondents. Publication charges of the sale proclamation shall be paid
by the Applicant, which amount(s) shall, however, be refunded to him from the
sale proceeds before the sharing of the balance amount as noted above. However,
in case the parties amicably agree, either of the party may purchase the
property at a price that may be agreed between them. Such shall however, be
done after obtaining permission of this court, in the present proceedings through
a proper application.
B.
In addition
to the above property the parties have also agreed to resolve their dispute in
respect of Shop No.H.V-1/55, IV-D-8, Ramswami Towers, Off Nishtar Road, Karachi
which is one of the two shops left behind by the father of the parties. (The
other being a shop in Bombay Bazar). The said shop shall also be sold by the
Nazir of this Court in the manner prescribed above. The Nazir shall initiate
the sale proceedings at his earliest. The parties shall be at liberty to meet
the highest offer in respect of the above property also. However, in case the
parties amicably agree, either of them may purchase the said shop, but after
obtaining order from this Court in the present proceedings through an
appropriate application.
C.
It is further
agreed between the parties that in case they agree to retain the shop they
shall share rent equally between themselves i.e. 50% of the rent shall be paid
to the Respondents and balance 50% to the Appellant. Such settlement shall also
be placed before this Court instantly for rectification/ approval of the Court.
The Appellant has also very graciously agreed to pay to the Respondents an
amount of Rs.54,000/- by way of compensation towards rent received by him in
respect of the Ramswami shop out of his share of the sale proceeds of the house
at ‘A’ above.
D.
Future rent
commencing from April 2010 and till such date the shop is sold shall be shared
between the Appellant and Respondents equally i.e. 50% by the Applicant and 50%
by the Respondents.
E.
The above settlement
shall not have any bearing on any other proceedings between the parties in
respect of Bombay Bazar shop. They may, however, settle their dispute in
respect of that shop also and record such settlement in such proceeding(s).
In pursuance of the
above order, the Nazir after publishing proclamation of sale in Daily Jang and
Daily Dawn of 19th July 2012, proceeded to hold auction on 28th
July 2012 at 12:00 Noon, on which date the appellant and the Respondents were
present before the Nazir, but none turned up to make any offer for the purchase
of the property upto 1:50 PM that day. However, Respondents Nos. 1 and 2 expressed
their intention to purchase one of the property put to sale being House No.A-530,
Block-H, North Nazimabad, Karachi. The Nazir has placed the above facts before
us through his Report dated 30th July 2012.
Today with the
efforts of Mr. Syed Jamil Ahmed Advocate, whom the Court requested to endeavour
to resolve the dispute between the parties, Appellant Syed Abdullah Abidi and
Mst. Hajra Abidi and Mst. Asia Abidi Respondents Nos. 1 and 2 have agreed as
follows and request for a consent order:-
(i)
That the
Respondents shall purchase property bearing House No.A-530, Block-H, North
Nazimabad, Karachi. The value of the said property as agreed for the above
purpose, is by consent of the parties, determined at Rs.50,00,000/- (Rupees
Fifty Lacs). The two Respondents shall, within a month from today, pay to the
appellant his share being one of the three legal heirs of the deceased father
of the parties, who left behind the said property. Such payment shall be made
through a Pay Order in favour of the appellant by depositing the same with the
Nazir of this Court within a period as prescribed above.
(ii)
In view of
the foregoing, both the Respondents relinquish their rights in respect of Shope
No.H.V-1/55, IV-D-8, Ramswami Towers, Off Nishter Road, Karachi, and shall
henceforth have absolutely no claim and/or concern with the said shop at all,
which shall be retained and dealt with by the appellant as his exclusive
property.
(iii)
It has been
agreed between the parties that there remains no dispute between the parties in
respect of any property or matter and have no claim whatsoever against each
other.
The Nazir Report stands disposed of in
the foregoing terms. Let the matter be consigned to the record.
JUDGE
JUDGE
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