ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.1516 of 2009

Date	Order with signature of Judge

1. For hearing of CMA 1316/10

2. For hearing of CMA 1317/10

3. For hearing of CMA 6964/18

4. For hearing of Nazir report dated 16.8.16

5. For examination of parties/settlement of issues.

Dated: 05.09.2018

Mr. Farooq Hashim for plaintiff.

Mr. Abid Naseem for defendant.

-.-.-

Nazir has filed his report dated 16.08.2016, which is self-explanatory, however it is submitted that the valuation by the defendant’s valuator RBS was not completed on account of non-availability of keys to access the premises. Allegations have been made that keys were given to the plaintiff however plaintiff’s counsel is stating that the keys are with defendant. Be that as it may, there is no dispute that the property belonged to the plaintiff and the defendant was merely a tenant who has vacated the premises. The Court wanted the independent valuator to assess the scale of damages to the property, which exercise is pending for the last three years as the valuator could not enter into the premises. The Nazir has requested that he be permitted to break open the locks so that the needful contemplated by this Court’s order dated 16.05.2016 could be achieved. Learned counsel for the plaintiff, who is owner of the property, has no objection to this request. Some resistance is shown by the counsel for the defendant, in which I do not find any strength since they have already vacated the premises and Court is on the path to determine the damages caused by the defendant during the tenancy and at the time of departure. Let Nazir do the needful by breaking open the locks and submit his report within 30 days. Counsel for the plaintiff undertakes to deposit cost of Rs.45,000/- with the Nazir for payment of the fees payable to the independent valuator RBS.

To come up immediately after one month.

Judge