ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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1) For hearing of CMA 6969/2004.
2) For issues.
8.5.2007.
Mr. Muhammad Sharif for plaintiff.
Mr. Mushtaq A. Memon for defendant.
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1) With the consent of the learned counsel appearing for the parties, pending disposal of the suit parties are directed to maintain status quo. Consequently CMA No. 6969/2004 stands disposed off accordingly.
2) Issues settled by the court.
1) Whether the plaintiffs are in exclusive physical possession of the suit land measuring 80 acres in Na-Class No. 89, Deh Taiser, Tapo Songal, Karachi West? Its effect?
2) Whether the plaintiffs are lawful holders of 99 years lease in respect of the suit land?
3) What is the effect of grant of 1000 acres of land by Government of Sindh to the defendant through office order dated 10.10.1992?
4) What is the effect of proceedings in Suits Nos. 8 to 12, all of 1988 and Constitution Petition No. 1051/1994?
5) What should the decree be?
Parties are directed to file list of witnesses within one week, original documents with one month. With the consent of the learned counsel appearing for the parties Justice (Retd) Mrs. Majida Rizvi is hereby appointed Commissioner to record the evidence of the parties. Parties are directed to file pleadings and the issues settled herein above before the Commissioner enabling her to commence with the exercise of recording of the evidence. The plaintiff shall file affidavit in evidence within one month’s time, copy thereof be supplied to the other side. The Commissioner’s fee shall be Rs. 10,000/- per witness which shall be borne by the plaintiff. Upon completion of the exercise of recording of the evidence, Commission be returned after expiry of four month from the date of commencement of the exercise of recording the evidence. Orders accordingly.
J U D G E