ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No. 95 of 2005

Date                    Order with signature of Judge

1.        For hearing of CMA No. 6035 of 2012 (U/S 151 CPC).

2.        For hearing of CMA No. 6427 of 2012 (U/O XX Rule 13 CPC).

3.        For hearing of CMA No. 2178 of 2008 (U/O XX Rule 13 CPC).

4.        For examination of parties / issues.

16-07-2012

Plaintiff Mr. Abdul Khaliq Shaikh is present in person.

Ms. Aisha Wahab, advocate holding brief for Mr. K.A Wahab, advocate for defendant No.1 along with the defendant No.1 Mrs. Seema Masood.

Mr. Umar Lakhani advocate for defendants 3, 5 and 6. 

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This suit for partition, administration, accounts and mesne profits has been filed by the plaintiff who is the real brother of all the defendants.  The suit property belonged to late Mst. Mumtaz Razia, who was the real mother of all the parties.  It is an admitted position that the suit property is in exclusive possession of defendant No.1.

Defendant No.1 has filed a statement dated 16.07.2012 in court today wherein it is stated that, before putting the suit property for auction, eight (08) weeks’ time should be allowed to the parties to bring offers for sale of the suit property under the supervision of the Nazir of this court.  It is also mentioned in the said statement that in case the parties do not bring any offer or buyer, then the Nazir should be authorized to sell the suit property.  In her said statement, defendant No.1 has specifically undertaken to vacate the suit property and to handover its vacant and peaceful possession to the buyer upon issuance of the sale certificate by this court and upon depositing of sale consideration by the buyer before this court.  The statement dated 16.07.2012 filed by defendant No.1 is taken on record.  The plaintiff, who is present in person, and Mr. Umar Lakhani advocate for defendants 3, 5 and 6 have no objection if a preliminary decree is passed in terms of the above mentioned statement filed by defendant No.1.  They have also endorsed their no objection on the said statement.  As far as defendants 2 and 4 are concerned, proceedings were ordered exparte against defendant No.2 on 19.01.2006, and defendant No.4 has already filed his written statement along with defendants 3, 5 and 6 through his attorney, namely, Mr. Shoaib Shafiq.  In any case, since this is a suit for administration all parties shall get their respective shares according to Shariah from the sale proceeds of the suit property. 

Before passing the final decree, a preliminary decree has to be passed under Order XX Rule 13 CPC whereby directions can also be given by the court as it may deem fit and proper.  With the consent of all the parties and their learned counsel present today, preliminary decree is passed on the terms and conditions contained in the above mentioned statement dated 16.07.2012 filed today by defendant No.1.  Eight (08) weeks’ time is allowed to the parties with effect from today to bring offers for sale of the suit property, which sale shall be finalized and completed under the supervision of the Nazir.    In case the parties do not bring any offer or buyer within the said time period of eight (08) weeks, the Nazir shall sell the suit property within six (06) weeks through public auction in which all the parties shall be at liberty to participate and to bring buyers in order to fetch the highest possible price.  The defendant No.1 shall vacate the suit property and shall handover its vacant and peaceful possession to the buyer upon issuance of the sale certificate by this court and upon depositing of entire sale consideration by the buyer before this court. 

It is clarified that before finalizing sale of the suit property, whether privately or by auction, the Nazir shall issue public notices in at least one English and one Urdu newspaper having vide circulation at Karachi inviting objections and claims in respect of sale of the suit property, and also from the creditors, if any, of the deceased, namely, Mst. Mumtaz Razia wife of late Mr. Muhammad Saleem.  After completing the above exercise of sale of the suit property, whether by public auction or through a private sale, the Nazir shall submit his report before this court for further orders. 

All the pending applications listed today are disposed of in the above terms.

JUDGE

Abdul Salam/P.A