ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.2344 of 2017

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DATE                  ORDER WITH SIGNATURES OF JUDGE(S)

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1. For orders on CMA 12338/18

2. For orders on CMA 12339/18

Dated: 04.09.2018

Mr. Ayan Mustafa Memon for plaintiff

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1)         Granted.

2)         This application while seeking correction of this Court’s order dated 30.08.2018 in material term requests that it was a common intention of the parties that while inventory of the books available at the subject property would be made, however neither the books will be removed from the premises nor the possession of the premises would be disturbed. With this common intention order dated 30.08.2018 was passed where reliance was placed on earlier orders dated 20.07.2017, 07.08.2017 and 11.04.2018 which strengthens the same contention. Learned counsel submits that since at that juncture before the Court the immediate interest was to preserve the books, the order fails to mention that the possession of he subject premises was not to be disturbed while conducting the exercise of making inventory, therefore, words “subject property” ought to be available in lines 3, 7 and 15 of order dated 30.08.2018 so that there remains no ambiguity and the exercise of preparing the inventory of books be taken without any delay as the absence of these words may create confusion. Since the application merely brings forward certain typographical omissions in order dated 30.08.2018, I allow the said application to the extent that word “subject property” to be incorporated in lines 3, 7 and 15 in following manner:-

i)          In line 3 after words “possession of the”, words “subject property and the” be added;

ii)         At the end of line 6/beginning of line 7 words “subject property and the” be added;

iii)        At the end of line 14/beginning of line 15 words “subject property is not disturbed and that” be added.

            With the above clarification, it is anticipated that the exercise of inventory taking would be completed without any further delay.

                                                                                    J U D G E