H.C.A. No.213 of 2014
1. For orders on CMA No.3205/2014
2. For orders on CMA No.3319/2014
3. For orders on office objection & reply of advocate as at “A”.
4. For Katcha Peshi.
5. For hearing of CMA No.1910/2014
6. For order on Nazir report dated 06.11.2014.
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(The matter is already fixed in Court on 23.12.2014.)
Present
Mr. Justice Aqeel Ahmed Abbasi.
Mr. Justice Muhammad Junaid Ghaffar
Pervaiz Ahmed Siddiqui & another …………………Petitioners
Versus
Aijaz Ahmed Siddiqui & others .……...………..Respondents
Date of hearing 15.12.2014
Date of order 15.12.2014
Mr. Aftab Ahmed, advocate for the appellants.
Mrs. Lali Tabassum Khan, advocate for the respondent No.1.
Pervaiz Ahmed Siddiqui, Sohail Ahmed Siddiqui, Ghazala Shahid and Aijaz Ahmed Siddiqui, who is present in the morning, however, represented through his wife Afshan Aijaz, while dictating order.
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1. Granted.
2. Through listed application, which is duly signed by the appellants, respondents and their respective counsel, it has been prayed that impugned judgment and decree may be set-aside and the instant appeal may be disposed of in terms of the compromise reached between the parties and compromise decree may be passed in terms of said compromise as recorded in the listed application, whereas, its execution may be directed under the supervision of the Nazir of this Court. All the parties present in Court have reiterated the terms of compromise and requested that in order to avoid any further litigation, instant appeal may be disposed of by consent in terms of compromise reached between the parties.
Since instant High Court Appeal was filed pursuant to judgment and decree passed in Administration Suit, whereas, all the legal heirs, who are brothers and sisters have agreed for disposal of the matter in terms of compromise reached between them as detailed in the compromise filed along with listed application, we would make the said terms as part of this order for the sake of brevity, which reads as follows:-
“TERMS AND CONDITIONS OF COMPROMISE BETWEEN THE LEGAL HEIRS OF LATE MOINUDDIN AHMED
A Compromise is made between the legal heirs of late Moinuddin Ahmed on 5th December, 2014 as under:
1. That all the legal heirs are agreed on the value of the suit property bearing House No.7-N, Block No.II, PECHS, Karachi is Rs.1,50,0000/- (One Crore Fifty Lacs only), and all the legal heirs are agreed to sell his/her respective share according to this value.
2. There are four sons and two daughters of late Moinuddin Ahmed
i) Sohail Ahmed Siddiqui ii) Naheed Khursheed,
iii) Pervaiz Ahmed Siddiqui iv) Jawaid Ahmed Siddiqui,
v) Ghazala Shahid vi) Aijaz Ahmed Siddiqui.
NOW it is agreed between the legal heirs as under:-
I) That the Pervaiz Ahmed Siddiqui and II) Jawaid Ahmed Siddiqui are willing and ready to purchase the shares of rest of the legal heirs and will pay the full payment within two months.
3) It is further agreed that 10% token money will be paid forthwith to each legal heirs out of his/her share, after allow the compromise application, the payment will be paid through the Nazir of this Honourable Court.
4) The full payment will be paid within two months of all the legal heirs, the share of the legal heirs which will be paid are mentioned here under.
i) Sohail Ahmed Siddiqui share’s value is Rs.30,00000/-(Thirty lacs)
10% of this amount is Rs.300000/- (Three lacs) will be paid as a token money, balance amount 27,00000/- will be paid within two months.
ii) Ejaz Ahmed Siddiqui share’s value is Rs.30,00000/-(Thirty lacs)
10% of this amount is Rs.300000/- (Three lacs) will be paid as a token money, balance amount 27,00000/- will be paid within two months.
iii) Mst.Naheed Khursheed share’s value is Rs.15,00000/- (Fifteen lacs)
10% of this amount is Rs.1,50,000/- will be paid as a token money, balance amount Rs.13,50,000/- will be paid within two months.
iv) Mst.Ghazala Shahid share’s value is Rs.15,00000/-(Fifteen lacs)
10% of this amount is Rs.1,50,000/- will be paid as a token money, balance amount Rs.13,50,000/- will be paid within two months.
5) It is further agreed between Pervaiz Ahmed Siddiqui and Jawaid Ahmed Siddiqui that Pervaiz Ahmed Siddiqui will pay 60% and Jawaid Ahmed Siddiqui will pay 40% of 90,00000/- (Ninety lacs amount) which is the share of four legal heirs named mentioned above. It means Pervaiz Ahmed Sidduqui will pay 54 lacs ( Fifty four lacs) Jawaid Ahmed Siddiqui will pay 36 lacs (Thirty Six lacs) and total amount which shall be paid Rs.90,00,000/- (Ninety lacs)
6) It is agreed that the ground floor possession of the Suit property will remain with Jawaid Ahmed Siddiqui and he can transfer this ground on his name and the Ist floor of the suit property mentioned above and roof of the Ist floor will remain in possession Pervaiz Ahmed Sidduqi and he can transfer this floor and roof on his name.
7) It has also been agreed between all the parties that all the payment will be made through Nazir with the supervision of the Hon’ble Court and token money will be paid forthwith after allow compromise application.
8) It has also been agreed between the parties that after full payment a compromise decree shall be made by the Honourable Court.
Karachi.
Dated: 06.12.2014.
1) Sd/- Pervaiz Ahmed Sidduqi 2) Sd/- Jawaid Ahmed Sidduqi
42201-2490104-1 42201-5113098-7
3) Sd/- Ejaz Ahmed Siddiqui (4) Sd/- Sohail Ahmed Sidduqi
42000-0474001-7 422014-428957-9
5) Sd/- Mst.Naheed Khursheed (6) Sd/-Ghazala Shahid
42201-0548631-6 42201-6440204-0
This compromise is made in presence of the advocates who are witnesses of this.
1) Sd/- Advocate 2) Sd/- Advocate
Since all the parties present in Court along with their respective counsel have reiterated the terms of compromise as reproduced hereinabove, and have prayed for disposal of the instant High Court Appeal in terms of such compromise, there seems no impediment in the grant of listed application, which is hereby allowed. Accordingly, instant High Court Appeal stands disposed of in terms of the compromise reached between the parties as mentioned hereinabove, however, the same shall be executed through Nazir/Deputy Nazir of this Court. Nazir fee is fixed at Rs.25,000/-, which shall be paid in advance by the parties according to their respective share. Nazir is directed to do the needful and submit compliance report within one month after the expiry of the time schedule as mentioned in the compromise application as mentioned hereinabove.
J U D G E
J U D G E