ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C. P. No. S-1240 /2015

DATE                         ORDER WITH SIGNATURE OF JUDGE

For hearing of CMA No. 1330/2017

01.03. 2017

Mr. Aijaz Ali Hisbani, advocate for the petitioner.

Mr. Muhammad Arshad Khan Tanoli, advocate for Respondent No. 3.

Mr. Parvaiz Akhtar, State Counsel for Respondents No. 2 and 3.

                        -----------

Through instant CMA No. 1330/2017 (under section 151 CPC) applicant / petitioner has prayed that this Court may please to recall / modify order dated 22.09.2016 whereby the petition to vacate the rented premises within five months and further be pleased to grant time for vacating the rented premises, as the time for vacating the rented premises is about to expire on 22.02.2017.

Learned counsel for the petitioner reiterated the same contention as contained in the application and affidavit. On the other hand learned counsel for the respondents have vehemently opposed the application.

I have given meticulousconsideration to the submissions made by the learned counsel for the respective parties and perused the relevant record. From the perusal of record it contemplates that this constitutionalpetition has been filed by the petitioner against the respondents on 01.08.2015 against the orders dated 30.05.2015 passed by III-Additional Sessions Judge, Malir, Karachi and order dated 10.11.2011 passed by learned Rent Controller, Malir, Karachi. Perusal of record further contemplates that during pendency of this constitutional petition, the learned counsel for the petitioner submitted that if (05) five months’ time is allowed to the petitioner to vacate the premises, therefore, he does not press this petition.

Learned counsel for Respondent No. 3 as well as learned State Counsel recorded their no objections. By consent, instant petition was disposed of with directions to the petitioner to vacate the premises in question with (05) five months and handover the subject shop to the respondents. In case of failure, the concerned SHO wasdirected to vacate the shop in question and handover the possession to the respondent without delay.Accordingly, instant petition was disposed alongwith listed applications.

It is worth to mention here that no cogent reasons have been assigned by the petitioner for extension of time. On his request five months’ time was granted with the consent of the respondents for vacating the premises in dispute. The petitioner has filed present application with mala-fide intention in order to prolong the matter and flouted the order of this Court, which was passed on his request with no objection of the respondents. The applicant has filed the present application and approached this Court with unclean hands. The application is meritless and is liable to be dismissed. Accordingly, same is dismissed, with no order as to costs.

J U D G E

zahidbaig