ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No.D-2338 of 2012.

DATE        ORDER WITH SIGNATURE OF JUDGE

            1. For order on M.A. No.2526 of 2015.

            2. For order on M.A. No.3344 of 2014.

            3. For katcha peshi.

            4. For hearing of M.A. No.10845 of 2012.

31.03.2015.              

Mr. Muhammad Asif Shaikh, advocate for petitioner, alongwith the petitioner.

Mr. Sher Shamsuddin Sahito, advocate for respondents No.1 and 2 alongwith Nadeem Ahmed Deenari, Assistant Director SBCA. Hyderabad Region.

Syed Jawaid I. Bukhari, advocate alongwith respondent No.3.

Mr. Mukhtar Ahmed Khanzada, State Counsel.

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            The petitioner has challenged the stay order dated 21.11.2012, issued by Assistant Director, Sindh Building Control Authority, Hyderabad Region, whereby the building plan approved for raising construction of building over Survey No.A/1723/1 ward “A” near Noor Muhammad High School, Hyderabad was suspended till the issue is decided regarding change of ownership right in the names of legal heirs.

2.         Learned counsel for the petitioner argued that the wife of respondent No.3 has already filed F.C. Suit No.558/2012 in the Court of IIIrd Senior Civil Judge, Hyderabad, in which also the construction in question has been challenged despite that the Sindh Building Control Authority has issued the said stay order. He further argued that no construction is being raised by the petitioner on the plot in question due to stay order issued by the Sindh Building Control Authority as well as the learned IIIrd Senior Civil Judge, Hyderabad in the aforementioned suit. Counsel for respondents No.1 to 3 both have confirmed that the suit is pending before the civil Court wherein restraining orders are already operating. Since the question of approved building plan and raising construction is already pending in the civil Court, therefore, this petition is disposed of with the directions that till such time the civil Court decides the F.C. Suit No.558/2012, the Sindh Building Control Authority, Hyderabad Region shall not take any demolition action against the petitioner nor during pendency of such suit the petitioner will raise any further construction.

            Pending applications are also disposed of.

                                                                                                            JUDGE

                                                                        JUDGE

S