S. Nusrat Jameel Naqvi Thr Atrny M. Wasee Sharjeel (Petitioner) VS Mst. Sher Bano & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. S-935 of 2025 Date Order with signature of Judge(s)

1.For order on CMA No.6239/2025 (Urgency)

2.For order on office objection Nos.1 to 8 and reply of counsel thereof as “Flag –A”

3.For order on CMA No.6240/2025 (Exemption)

4.For order on CMA No.6241/2025 (Stay)

5.For hearing of main case

Mr. Muhammad Shair Khan advocate for the petitioner

1.Urgent application is allowed.

2-5. The petitioner has filed this Constitutional Petition with the following prayer: - a) To direct the respondent No.11 and 12 to get recovered all office articles as per list (annexure-C) from the illegal custody of the respondents No.5 to 9 and handover the same to the petitioner. b) To direct the respondents No.11 and 12 to take legal action against the respondents No.1 to 9 due to their illegal acts.

c) To direct the respondent No.12 to seal the rented premises due to personal and official items usage and selling of petitioner’s office files.

Learned counsel for the petitioner submits that the petitioner is doing his business in the Office bearing No.41 and some part of Office No.42, situated at Plot No.233-A, 4th Floor, Ali Bhai Centre, main Shahrah-e-Quaideen, Karachi on rent. He further submits that on behalf of lawful owner Mst. Sher Bano / respondent No.1, her husband Feroz Panjani executed a tenancy agreement with the petitioner and the said Feroz Panjani received rent from the petitioner till his death i.e. July, 2024. Thereafter respondent No.1 executed Special Power of Attorney in favour of respondent No.2 Muhammad Uzair Panjani and on behalf of the owner, the said respondent No.2 executed a tenancy agreement with the petitioner and respondent No.2 receiving rent regularly. Counsel further submits that respondents No.1 to 9 raised objection / dispute over the inherited properties including the rented premises of the petitioner and in this regard a civil suit bearing No.1650 of 2024 is also pending. The petitioner is regularly paying rent to respondent No.2, but due to the said dispute between respondents No.5 to 8, who on 03.4.2025 with the connivance of some gunda elements duly armed, illegally and unlawfully broken the lock of the petitioner’s office and illegally occupied over the office of the petitioner. Learned counsel submits that there is apprehension of destroying and devaluing the office articles of the petitioner at

the hands of respondents No.1 to 9 due to which the petitioner is suffering financial losses as well as great mental agony.

Since the civil suit is pending in respect of the properties of the late husband of respondent No.1, parties are directed to act strictly in accordance with law and the respondents especially private respondents are directed not to cause any sort of harassment to the petitioner. However, it is made clear that if any cognizable offence is committed, police shall be free to act accordingly. So far as the recovery is concerned, the petitioner is free to take resort of any legal proceedings before the competent Court of law for redressal of his grievance; as such the issue of harassment is over.

Petitioner stands disposed of in the above terms alongwith listed applications.

JUDGE

Zahid/*