ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
R. A. No. S – 175 of 2018
Date
of hearing |
Order with signature
of Judge |
Hearing of case
(priority)
1.
For hearing of
main case
2.
For hearing of CMA
No.1685/2018 (Stay)
25.01.2019
- Late Diary
Mr. Jashmed Ahmed Faiz, Advocate for
the applicant.
.-.-.-.-.-.-.-.-.-.-
This matter was called in the
morning when no one was appeared except Assistant Advocate General Sindh and
the matter was adjourned. The parties along with the applicant’s counsel appeared
belatedly and filed a compromise application.
Learned counsel for the applicant
has filed a compromise application under Order XXIII Rule 3 read with Section
151, CPC, whereupon thumb impressions of the applicant and respondent No.1 are
available. This is also signed by learned counsel for the applicant. Both the
applicant and respondent No.1 are present in person. Applicant is the seller,
whereas, respondent No.1 is the buyer of the property.
Learned counsel for the applicant
contends that the dispute is resolved in the terms that an additional of
Rs.13,00,000/- (thirteen lacs) will be paid on or about 01.05.2019. The suit for
specific performance has already been decreed by the trial Court, which order
was maintained by the appellate Court. The applicant as such is entitled for an
amount of Rs.13,00,000/- (thirteen lacs). On payment of such amount, she would
execute the sale deed in favour of respondent No.1.
After receipt of the amount, in case she fails to execute the sale deed, the Nazir of the trial Court shall execute the sale deed.
The Revision Application stands disposed
of along with the pending application in the above terms.
J U D G E
Abdul Basit