ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.90 of 1989

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DATE                ORDER WITH SIGNATURES OF JUDGE(S)

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1. For hearing of CMA 4951/18

2. For hearing of CMA 8148/18

Dated: 26.09.2018

Mr. Qurban Ali Metlo for plaintiff.

Mr. Ali Azam for KDA a/w Muhammad Qasim, Director Land KDA.

Syed Abdul Mateen, attorney of defendant No.4 and Masood Pervez defendant No.6 in person.

Mr. Ch. Waseem Iqbal, Official Assignee.

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The Director Land, KDA is present in compliance of this Court’s order dated 19.09.2018, tenders apology and files a statement. Along with which certain annexures are brought to record, which depict that the area of the plot bearing No.SB-4, Block-F, North Nazimabad, Karachi, is 666.67 sq. yards. This exercise was mandated vide Reference No.11 of 2018 of the learned Official Assignee who was unable to put the property to auction as there was uncertainty about the area of the plot, which was not specified in the property documents. The statement is taken on record and so also the apology, however with a caution to the officer to perform his duties diligently to save valuable time of the Court as well as that of the public.

Learned Official Assignee in the above circumstances says that the purposes of the Reference is served and now he is in a position to put the property to auction as mandated by the order dated 21.02.2018 passed by learned Division Bench of this Court in H.C.A. No.05 of 2018. The Official Assignee is accordingly directed to do the needful as mandated by the said order by placing the property for auction. One month time is given to him to complete the exercise in which all the legal heirs would be at liberty to place their bids or to match the highest bid before fall of the hammer. Reference No.11 of 2018 as well as CMA No.4951 of 2018 having served their purpose have become infructuous thus disposed of accordingly.

Learned Official Assignee at this juncture points out that mere copies supplied with the statement will not suffice for placing the subject property for action. The Director Land present in Court affirms that legible certified true copies of the documents will be supplied to the learned Official Assignee within two days.

                                                                   J U D G E