ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.90 of 1989
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Date |
Order with signature of Judge |
1. For hearing of CMA 6933/18
2. For hearing of CMA 49511/18
3. For hearing of CMA 4184/18
Dated: 12.09.2018
Ms. Samreen Abro holds brief for Mr. Qurban Ali Malano for plaintiff along with attorney of plaintiff Syed Zafar Ali.
Syed Abdul Mateen, attorney of defendant No.4 and Masood Parvez defendant No.6 in person.
Mr. Ch. Waseem Iqbal, Official Assignee.
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1) This application is moved by the attorney of the plaintiff for contempt against defendants No.4 and 6 who had promised to pay the cost of guards vide order dated 24.02.2016 and not making payments, therefore, they have allegedly committed a contempt of Court.
Defendants No.4 to 6 are present and submit that they had paid these costs up to June 2018, however thereafter they have chosen not to pay the cost as the matter is unnecessarily dragged by other sides. It is suggested by them that since the property belongs to all the legal heirs, the said cost be shared by all the legal heirs or be deducted from certain funds accumulated by the Official Assignee for the guards taking care of the factory premises, which is in the custody of the Official Assignee. The said defendants are also alleging that since a long time has passed and the property has not been put to auction, therefore, they would not be in a position to pay these costs endlessly.
I do not see that by not agreeing to pay the cost voluntarily undertaken to be paid by these defendants, any contempt of Court is made. The property is definitely an inheritance property and it is in the interest of all the legal heirs that it be preserved. The Court has two options, either to remove the guards from the factory premises or let the funds available with the Official assignee to be consumed for this purpose.
In these circumstances, I do not see any merit in this application, which is dismissed, however the Official Assignee is directed to deploy at least one guard at the factory premises and use the funds available with him for the payment of his salary, which would be an interim arrangement initially for a term of six months in which period it is anticipated that the property will be sold. If that is not the case, the Court will reconsider this arrangement again.
2) Through this application, prayer is made that the documents available with the Director Land KDA be brought to the Court’s record as parties have made a number of attempts. It appears that these documents are necessary as there is a discrepancy between actual size of the factory plot and the one which is available in the documents and unless this discrepancy is resolved, the property would not fetch fair market price. Learned Official assignee draws Court’s attention to order dated 24.04.2018 when notice was issued to the Director KDA Land Management (Commercial) followed by show-cause notice on 08.05.2018. Even till date none is in attendance. It appears that on account of non-cooperation from the KDA till date the property could not be sold.
In these circumstances, let notices be served upon Director KDA Land Management (Commercial) through SHO concerned for the next date being 19.09.2018 at 10 a.m. who to ensure the presence of the said official before this Court on the day and time mentioned hereinabove. The Director Land to come personally along with all relevant documents/record pertaining to property i.e. factory known as Al-Chemist, situated at Commercial Plot No.SB-4, Block-F, KDA Scheme No.2, North Nazimabad, Karachi.
3) Deferred.
Learned Official Assignee, in view of above, does not press his Reference No.12 of 2018, which is disposed of as such.
Judge