1. C . M.A. No.2199 of 2005. Granted.
2. C.M.A. No.2200 of 2005.
By this application, learned counsel for the plaintiff seeks attachment of Truck No.LSA-5735 as according to him there is likelihood that the defendants may remove it from the jurisdiction of this Court to frustrate the decree, if any, passed in this suit. He further contends that as, per prevailing practice in private transport sector, vehicles are usually handed over to other persons on open letter basis while the ownership remains in the name of actual owner on paper but it's possession is parted with and as such in the instant case the plaintiff apprehends that by the time the plaintiff apprehends that by the time the above suit is decreed the vehicle may have changed many hands and third party interest may be created. He further submits that vehicle in question is the only tangible asset belonging to the defendants which is known to the plaintiff and in case the defendant succeeded in removing the same from the jurisdiction of this Court, there will remain nothing for him to seek realization of the decretal amount, if any.
In view of the above, as an interim arrangement, issue notice to the defendants. In the meantime.
S.H.O. Police Station Mobina Town, is directed to attach/seize the Truck No.LSA-5735 and continue to detain the same safely at the police station at the cost of the plaintiff till further orders of the Court and submit compliance report to that effect within seven days. Further, the Excise and Taxation Officer, Motor Registration Wing, Lasbela Hub is also directed not to transfer the above vehicle in favour of any third party till further order.