ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-3207 of 2018

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Dated: Order with signature of Judge(s)

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1. For order on Misc. No.14586/2018

2. For order on office objection No.27

3. For order on Misc. No.14587/2018

4. For order on Misc. No.14588/2018

5. For hearing of main case.

25.04.2018

Mr. Malik Khushhal Khan, advocate for the petitioner.

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1) Urgency granted.

2) Deferred for the time being.

3) Exemption granted subject to all just exceptions.

4&5) Learned counsel for the petitioner submits that the petitioner has filed a Arbitration case No.05/2017 under section 54 of the Cooperative Societies Act, 1925. As per learned counsel said arbitration case has been decided in favour of the petitioner by the Registrar’s Nominee, Cooperative Societies Sindh, Karachi. Photocopy of Award dated 17.04.2017 is available as annexure “P/10” at page-51 with MoP. Per learned counsel for the petitioner, the petitioner has filed execution application bearing No.03/2018 in the Court of Vth Senior Civil Jude, Karachi-East. The judgment debtor (present respondent No.2) is contesting that Execution Application. Photocopy of execution application is enclosed as annexure “P/12” at page-69 with MoP. Learned counsel further submits that on 24.03.2018 respondent No.2 issued a show cause notice to the petitioner, which was duly replied by the petitioner. Photocopy of show cause notice and acknowledged copy of its reply received in the office of respondent No.2 on 05.04.2018 are enclosed as annexure “P/14 and “P/15” at page-81 and 84 respectively with the MoP. Per learned counsel for the petitioner, on 23.08.2008 a proposal for creation of residential plot bearing No.34-II-2, Block-6, PECH Society, Karachi was issued to the Executive District Officer (MPGO) by the respondent No.2, which is available as annexure “P/20” at page-109 with MoP. Learned counsel further contends that after award has been passed by the Registrar’s Nominee and filing of execution application by the petitioner against respondent No.2, the respondent No.2 has malafidely issued letter on 07.04.2018 to the Senior Director Master Plan Department, SBCA, Karachi for withdrawal of leter dated 23.04.2008 for creation of aforementioned plot. Learned counsel further submits that the petitioner is apprehending adverse/malafide action at the hands of respondent No.2.

Issue notice to the respondents and Additional Attorney General for Pakistan for 11.05.2018. In the meantime, the operation of the impugned letter dated 07.04.2018 issued by the respondent No.2 shall remain suspended. However, respondent No.2 may proceed with the show cause notice but no final order should be passed, till next date of hearing.

JUDGE

JUDGE