ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.1786 of 2018

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DATE                ORDER WITH SIGNATURES OF JUDGE(S)

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For hearing of CMA 13295/18

Dated: 04.10.2018

Mr. Saathi M. Ishaque for plaintiff.

Mr. Mukesh Kumar for defendant No.1.

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Mr. Mukesh Kumar files his Vakalatnama on behalf of defendant No.1 along with counter-affidavit to the listed application, which are taken on record (copy received by the counsel for the plaintiff), and submits that the defendant No.1 is ready and willing to perform his part of the agreement if the balance sale consideration is deposited by the plaintiff with the Nazir of this Court within 15 days at which instant the defendant would hand over vacant peaceful possession of the flat in question to the plaintiff through the Nazir of this Court. Learned counsel for the plaintiff concedes to this proposition and in the light of the dictum laid down by the Hon’ble Supreme Court in the case reported as 2017 SCMR 2022 is ready to deposit the balance sale consideration in the sum of Rs.1,61,00,000/- (One Crore Sixty One Lacs) with the Nazir of this Court within next 15 days, failing which the defendant would be at liberty to proceed with the transaction in accordance with the terms of the agreement entered into between the parties.

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