ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

 

Suit No.1784 of 2015

 

Date

Order with signature of Judge

 

1. For hearing of CMA 13572/15

2. For examination of parties/settlement of issues.

 

Dated: 11.09.2018

 

Mr. Munawar Malik for plaintiff.

None for defendants.

 

-.-.-

 

1)       Through the instant application prayer is made that defendants be restrained from transferring or dispossessing the plaintiff and her children from House No.257, situated in 5th Street Khayaban-e-Shabbir Shaheed, Phase-VII, DHA, Karachi.

Learned counsel for plaintiff submits that the plaintiff through her own funds, which she accumulated by working abroad, built the said property, however since she was not available in the country as well as could not obtain membership of DHA, therefore, as an interim measure, the property was kept in the name of the defendant. It is also stated that the plot in question was also purchased from the sale proceeds of a plot gifted to the plaintiff as a part of condition of Nikahnama. The Court has further been informed that in fact the couple i.e. plaintiff and defendant No.1 got divorced in the year 2015 whereafter plaintiff was threatened to leave the suit premises at which juncture the instant suit was filed and temporary injunction was sought in favour of the plaintiff and the Court granted the interim orders.

None is present for the defendants, although objections to the instant application have been filed by the defendant No.1 in which the claim of the plaintiff is denied. It is asserted in the objections that the plaintiffs took the possession of the suit premises after interim orders were passed in the suit while he (defendant No.1) was residing in Rawalpindi. The defendant No.1 however has not produced any document to show the funds from which the subject property was built.

Be that as it may, since possession of the suit premises is already with the plaintiff, the application is allowed and earlier interim stay is hereby confirmed.

2)       Let the parties may file their proposed issues on/or before next date.

 

Judge