ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.109 of 2021

___________________________________________________________________ Date Order with signature of Judge

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Hearing / Priority Case:

1. For order on CMA No.95/2022 (u/s. 151 CPC).

2. For order on office objection/reply as at ‘A’.

3. For hearing of main case.

4. For hearing of CMA No.2527/2021.

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21^st January 2022

Mr. Hassan Azeem Rana, Advocate for Appellant.

Syed Aijaz Hussain Shirazi, Advocate for Respondent No.1.

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Learned counsel for the appellant submits that pursuant to the directions of this Court as contained in order dated 12.01.2022, the appellant has already deposited three pay-orders of Rs.28,000,000/-, being the decreetal amount, before the Nazir of this Court to be kept in safe custody, whereas, an application under section 151 CPC bearing CMA No.95/2022 has also been filed by the appellant, which is fixed today for orders, wherein, it has been prayed by the appellant that directions may be issued to respondent No.1 to execute redemption deed and to handover all title documents of the subject property to the appellant, who has already fulfilled the terms and conditions of order dated 12.01.2022 passed by this Court. It has been further prayed that instant appeal may also be finally disposed of alongwith listed applications in terms of prayer clause-3 accordingly.

Learned counsel for the respondent No.1 waives notice of the application listed at Serial No.1, claims its copy, which has been supplied by the learned counsel for appellant in Court, and after its perusal the learned counsel for the respondent No.1 has extended his no objection, if such application is granted as prayed. It has, however, been contended by the learned counsel for appellant that on submission of the original title documents of the mortgaged property before the Nazir of this Court, the same may be directed to be handed over to the appellant, whereas, the three pay-orders of Rs.28,000,000/- deposited by the appellant before the Nazir of this Court may be released in favour of the respondent No.1.

Accordingly, by consent, application (CMA No.95/2022) is granted in the above terms. Consequently, instant 1^st Appeal also stands disposed of alongwith listed application in terms of prayer clause-3 as agreed by both the parties.

J U D G E