ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.1316 of 2004

Date	Order with signature of Judge

For hearing of CMA 10332/18

Dated: 12.09.2018

Mr. Abdus Salam Baloch for plaintiffs.

Mr. Saathi M. Ishaq for applicant/defendant No.1.

-.-.-

Learned counsel for defendant No.1 submits that in terms of this Court’s order dated 27.02.2018 the plaintiffs who consented to make payment to the defendant No.1 for the excess amount already taken away by them (plaintiffs), at the rate of Rs.45,000/- per month until and unless entire amount of Rs.26,23,569/- is paid. Counsel for the defendant No.1 points out that between the date of the order i.e. 27.02.2018 till date only three installments have been paid which clearly is violation of this Court’s earlier orders. Learned counsel for the plaintiffs submits that the plaintiffs are poor and were not be in a position to pay the installments and are trying their best to make the payment, however it is not guaranteed that such payment will be given every month. To me this assertion holds no ground and is meritless. The plaintiffs have taken away share of defendant No.1 in advance and now not willing or not even in a position to return it, even in installments.

In the circumstances at hand, as the Court has been informed that Flat No.C-301, Rino Center, Rendle Road, near Ankle Saria Hospital, Garden, Karachi, is owned by the plaintiff. Nazir is accordingly directed to attach the same and file his report, however with directions that the plaintiffs make the payment without fail every month through pay order with the Nazir in the name of defendant No.1 Khalida Bano.

Let a report as to the above come to this Court within 15 days.

Judge