ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.1255 of 2010

Date	Order with signature of Judge

1. For hearing of CMA 8323/10

2. For hearing of CMA 13306/14

3. For hearing of CMA 12333/14

4. For hearing of CMA 2047/13

5. For hearing of CMA 2048/13

6. For hearing of CMA 2049/13

7. For hearing of CMA 4584/15

8. For examination of parties/settlement of issues.

Dated: 01.10.2018

Mr. Nasrullah Malik for plaintiff.

Mr. Perwez Ali Mastoi, AAG.

Mr. Shabbir Shaikh for BOR.

Mr. Idris Alvi for KMC.

-.-.-

Learned counsel for plaintiff states that he intends to challenge this Court’s order dated 24.09.2018 where he was directed to deposit the balance sale consideration with the Nazir of this Court in view of principle laid down in 2017 SCMR 2022. He, however, candidly admits that the plaintiffs have not deposited balance consideration, rather intend to challenge such order. In the circumstances at hand, in the light of the dictum laid down by the Hon’ble Supreme Court in the above referred case where the apex Court has held that for a party seeking enforcement of an agreement under the Specific Relief Act, 1877, it was mandatory for it on the first appearance or on the date of institution of the suit to deposit the balance amount and any omission in this regard to entail dismissal or decretal of the suit, the instant suit, along with listed applications is dismissed.

Judge