ORDER WITH THE SIGNATURE OF THE JUDGE

1. For hearing of CMA No.5928/2007

2. For hearing of CMA No. 106/2009

3. For examination of parties/settlement of issues.

22.12.2015

Mr. Ghulam Nabi Shaikh, advocate alongwith plaintiff

Haji Muhammad Iqbal.|

1. Learned counsel for the plaintiff does not press this application, which is dismissed accordingly.

2. Since no one is present on behalf of the applicant/intervener, this application is dismissed for non-prosecution.

3. Compliance under order 10 is declared failed, as defendants are called absent. The following issues are framed:-

1. Whether the suit is not maintainable?

2. Whether the suit is barred under Specific Relief Act?

3. Whether the suit is incompetent for want of necessary parties?

4. Whether the plaintiff is owner of the property bearing Plot No. LR-10, Survey No. 27, measuring 2170 sq. yards situated at Lawarance Quarters, Karachi and Defendant No. 1 is benami owner of the said plot?

5. Whether the plaintiff is entitled to receive back the property sold by Defendant No. 1 to Defendant No. 2?

6. Whether the sale deeds of the subject property dated 10.02.1998, 24.02.1999 and power of attorney executed by Defendant No. 1 in favour of Defendant No. 2 dated 22.06.1998 are not in accordance with law?

7. Whether the plaintiff is entitled tothe vacant possession of the suit plot?

8. What should the decree be?

At the request of learned counsel for the plaintiff Mr. ImtiazAfandi, advocate is appointed as Commissioner for recording evidence in this suit. The parties shall bear the fee in respect of their respective witnesses at the rate of Rs.10,000/= per witness. The parties shall file photocopies of their respective pleadings along with documents that they propose to produce at the time of evidence, within 15 days from today. Soon thereafter, recording of evidence shall be commenced by the learned Commissioner. The entire exercise shall be concluded within six months from the date of receipt of the record of this case, by which period the learned Commissioner shall return the commission duly executed. Adjournment shall only be granted, if it is inevitable and in case the learned Commissioner feels that any of the party is deliberately avoiding/delaying the proceedings, the commissioner shall close the side accordingly.

J U D G E

ZahidBaig