ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.783 of 2005

Date	Order with signature of Judge

1. For hearing of CMA 14073/17

2. For hearing of CMA 14074/17

Dated: 14.09.2018

Mr. Gazain Zafar Magsi for plaintiffs No.1 and 2

Mr. Mansoor Ali Ghanghro for plaintiffs No.3 and 4.

Defendant No.1 present in person.

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1)       Learned counsel for plaintiffs No.1 and 2 states that plaintiff No.2 Ammar Hussain made an offer for the purchase of the properties, the subject matter of this suit, and made an initial deposit of Rs.50 lacs, which can be affirmed by this Court’s order dated 09.04.2018, however a better offer was placed by the defendant No.1 in respect of the said properties and through the instant application, a request is made that his client’s sum of Rs.50 lacs be returned. Learned counsel for plaintiffs No.3 and 4 states that his clients also made an offer but he does not object to the instant application, as well as, the defendant No.1 whos is present in person in the Court has no objection either that the sum of Rs.50 lacs deposited by plaintiff No.2 as affirmed by Nazir report dated 05.06.2014 be returned. In these circumstances, the application is allowed and Nazir is directed to return the sum of Rs.50 lacs to the said plaintiff lying with him on account of the offer made by the said plaintiff after proper identification and following the prescribed procedure. If the Nazir has invested the said amount in some profit bearing security, the profit accrued thereon also be paid to the said plaintiff. The exercise said be carried out within seven days and a report be filed in that regard in the Court.

2)       Adjourned.

Judge