ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.10 of 2021

___________________________________________________________________                                        Date                                      Order with signature of Judge 

___________________________________________________________________ 

HEARING / PRIORITY CASE:

1. For order on CMA No.1838/2021.

2. For order on Nazir Report dated 29.04.2021.

3. For order on Nazir Report dated 22.05.2021.

4. For order on CMA No.871/2021.

5. For order on Nazir Report dated 20.03.2021.

6. For order on CMA No.427/2021.

7. For hearing of CMA No.276/2021.

8. For hearing of CMA No.277/2021.

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

10. For hearing of main case.

11. For hearing of CMA No.279/2021.

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11^th November 2021

Attorney of Appellant Muhammad Zus Safain Siddiqui present in person.

Mr. Khurshid Ahmed Qureshi, Advocate for Respondent.

Mr. Muhammad Mubeen, Advocate for Auction-Purchaser.

Applicant/Objector Akram Hussain Khan present in person.

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            Mr. Muhammad Younus, Advocate has shown appearance, files vakalatnama on behalf of the appellant and submits that appellant does not want to press instant appeal.

We have already observed in our order dated 07.10.2021 that such request of the appellant for withdrawal of instant appeal will not be examined till final decision in the instant appeal, therefore, request of the appellant is declined.

Applicant/Objector Akram Hussain Khan is present in Court alongwith Attorney of the appellant and submits that he is the actual owner of the subject property and is residing therein since last 40 years and has deposited the decreetal amount in the sum of Rs.763,638/- before the Nazir of this Court, therefore, requests that instant appeal may be allowed and the impugned order may be set aside and the original property documents may be directed to be released in favour of the applicant.

Learned counsel for the respondent/HBFC submits that the applicant is also required to deposit cost of fund as well calculated from the date of default, however, requests for time to file a statement showing the amount of cost of fund payable by the applicant. Let the same be filed before next date of hearing, however, subject to all just exceptions.

To come up on 02.12.2021.

      J U D G E

J U D G E

*Farhan/PS*