Umar Baig & others (Appellant) VS M. Aslam Suleman Toberia & others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

High Court Appeal No.227 of 2021

Order with signature of Judge

Hearing (Priority) Case

1.For orders on office objection.

2.For hearing of CMA No.2719/2020.

3.For hearing of main case.

4.For hearing of CMA No.2721/2020.

5.For orders on Nazir report dated 15.12.2020.

Mr. Anwar Hussain, Advocate for the Appellants. Malik Waseem Iqbal, advocate for the Respondent.

After hearing the learned counsel for the parties at some length, by consent, instant High Court Appeal is disposed of in the following terms:-

(1)Nazir report dated 15.12.2020 in the instant High Court Appeal may be treated as the part of the proceeding before the learned Single Judge, however, subject to further inspection/verification by the learned Single Judge during course of hearing in accordance with law.

(2)The appellants shall file proper application for becoming a party in the proceeding in order to safeguard their interest within a period of fifteen (15) days from the date of this order, on which appropriate order will be passed by the learned Single Judge after hearing the parties in accordance with law.

(3)Consent issues will be framed within a period of fifteen (15) days and thereafter plaintiff’s evidence will be recorded within a period of two months, whereas, the evidence of the defendants will be recorded within another two months and after recording the evidence of the parties, learned

Single Judge may pass judgment and decree within another period of two months thereafter, however, till then parties are directed to maintain status quo and shall not create any 3rd party interest in respect of subject property/flats.

Instant High Court Appeal stands disposed of in the above terms along with listed applications.

JUDGE

JUDGE

Nadeem P.A.