ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C.P.No.S-  503 of 2009                                 

DATE        ORDER WITH SIGNATURE OF JUDGE

                        1. For Katcha Peshi.

                        2. For hearing of MA 3834/09.

26.3.2010.

Mr. Shahnawaz Brohi, Advocate a/w applicant.

Mr. Saeeduddin Siddiqui, Advocate a/w respondent No.1 Abdul Salam.

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                        After arguing the matter at some length, the learned counsel for the petitioner on the instructions of the petitioner who is present in Court, requests that three months time may be allowed to vacate the tenement and he shall not press this petition.

                        The learned counsel for the respondents No.1 and 2 states that though there are concurrent findings against the petitioner which are based on certain admissions on the part of the petitioner about default as well as personal need of the respondents, however, on the instructions of respondent No.1 namely Abdul Salam who is also present in Court, in all fairness and as a gesture of good will, the respondent is willing to extend three months time to the petitioner to vacate the premises.

                        Under the circumstances, the instant petition is disposed of with directions to the petitioner that before expiry of three months from today, he shall handover the physical vacant possession of the subject shop/the tenement, constructed on C.S.No.100/01-C,152/12 admeasuring 72 square feets, 7.4 square yards respectively to the respondents No.1 & 2 or their attorney or nominee, failing which the writ of possession shall be issued without any further notice to the petitioner alongwith police aid with further direction to break open the locks if petitioner/tenant does not voluntarily hand over the possession within the time allowed by this Court or the same is found locked. The petitioner shall continue to deposit the rent regularly before the learned Rent Controller at Umerkot.

                        The petition stands disposed of in the above terms alongwith listed application.                

                                                                                                                 JUDGE