ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

High Court Appeal No. 189 of 2022

Date

Order with signature of Judge

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Abdul Mobeen Lakho

FRESH CASE:

1. For order on CMA No.1706/2022 (Urgent).

2. For order on CMA No.1707/2022 (Exemption).

3. For hearing of main case.

4. For order on CMA No.1708/2022 (Stay).

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Dated: 3^rd June 2022

Mr. Muhammad Umer Lakhani, Advocate for Appellant.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Instant High Court Appeal has been filed against impugned order dated 09.05.2022 passed by the learned Single Judge of this Court in Suit No.3095 of 2021 filed by the appellant, seeking declaration, specific performance and injunction in respect of the subject plots pursuant to the agreement, the terms of which were being negotiated between the parties, whereby, the learned Single Judge has been pleased to direct the appellant to deposit balance sale consideration of Rs.862.2 Million within 30 days with the Nazir, whereas, according to learned counsel for the appellant, an objection was raised by the appellant’s counsel that deposit of balance sale consideration is not mandatory requirement of law under the Specific Relief Act for filing a suit while placing reliance on the case of MUHAMMAD ASIF AWAN v. DAWOOD KHAN AND OTHERS (2021 SCMR 1270), however, without prejudiced to said objection, sixty (60) days’ time was sought to deposit balance sale consideration. It has been prayed by the learned counsel that the appellant may be allowed 60 days’ time to deposit balance sale consideration while modifying the impugned order passed by the learned Single Judge.

We have heard the learned counsel for appellant and perused the impugned order passed by the learned Single Judge, which reflects that impugned order has been passed in continuation of an earlier order dated 20.04.2022, whereby, appellant has been directed to deposit balance sale consideration of Rs.862.2 Million, whereas, respondents have also been directed to deposit the amount of earnest money i.e. 17.8 Million with the Nazir with further directions to invest the same in some profit bearing scheme. Since, during course of arguments, learned counsel for the appellant has only prayed that, without prejudice to the stance of the appellant relating to depositing the amount of balance sale consideration in the suit for specific performance in the light of the aforecited judgment passed by the Hon’ble Supreme Court of Pakistan, the time for depositing the aforesaid amount of balance sale consideration may be extended from thirty (30) days to sixty (60) days, therefore, without dilating upon the aforesaid legal issue, we will dispose of instant High Court Appeal while extending the period from thirty (30) days to sixty (60) days to enable the appellant to deposit the amount of balance sale consideration with the Nazir of this Court.

Instant High Court Appeal stands disposed of in the above terms alongwith listed application. It is, however, clarified that disposal of instant appeal in above terms will not prejudice the stance of either party in that suit, which will be decided on its own merits in accordance with law.

J U D G E