ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.64 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on office objection a/w reply as at ‘A’.

2. For order on CMA No.1031/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.1032/2021 (Stay).

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11^th October 2021

Mr. Naveed Ali, Advocate for Appellant.

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1. Learned counsel undertakes to comply with office objections before next date of hearing.

2. Exemption granted, but subject to all just exceptions.

3&4. Instant High Court Appeal has been filed against an order dated 18.02.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.1832 of 2019, whereby, according to learned counsel for appellant, in the absence of any request or application filed by either party with the prayer to sell out the entire subject property and the learned Single Judge has been pleased to pass preliminary decree, whereas, Nazir of this Court has been directed to conduct/auction of the subject property in order to acquire maximum price available, wherein, the said owner shall have the first right of refusal. According to learned counsel, subject property is devisable, as appellant is in possession of ground floor plus 50% of the roof, whereas, respondent is in possession of first floor, whereas, there is only dispute with regard to the possession of roof, which can be settled between the parties. According to learned counsel, no exercise has been undertaken to ascertain, as to whether subject property is devisable or not.

Let pre-admission notice be issued to the respondent, to be served through first three modes, for 11.11.2021, when reply/objection, if any, shall be filed with advance copy to the learned counsel for appellant. However, till next date of hearing, subject property may not be put to auction.

J U D G E

*Farhan/PS*