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PLD 2006 Karachi 14

AL-REHMAN FALAHI SOCIETY through General Secretary vs GOVERNMENT OF

CitationPLD 2006 Karachi 14
CourtSindh High Court
Case No.Constitutional Petition No,D-1567 of 1998 and Revision Application No,156 of
Date2005-09-14
Judge(s)Mushir Alam, Syed Zawwar Hussain Jaffery
ResultApplication dismissed

ORDER

1. This application has been filed by the intervenor with a prayer that further grounds may be taken into consideration as the C.P. Was disposed of vide order dated 11-4-2004. At present the Revision Application No,156/2004 is subjudiced in this Court and the property in question is involved in both the matters. Admittedly this petition was allowed on 11-4-2004 with direction that the respondent No,2 shall deliver the possession of the plot to petitioner's society within 30 days.

' Thereafter C.M.A. 1495/2004 along with C.M.A. 1543/2004 were filed. Both the above mentioned C.M.As were disposed of vide order dated 20-5-2004. The intervenor has prayed that in the light of inspection report where the allegations of illegal construction has been pointed, therefore, the order in Revision Application No,156/2004 dated 2-5-2005 and inspection report submitted by Nazir of this Court and statement of respondent No,2 may be taken into consideration.

' We have heard learned counsel for the respective parties as well as the intervenor who is present in person and perused the record and counter-affidavit and rejoinder.

' We have read the judgment dated 11-4-2004 and considered the controversy raised by the learned counsel for the parties at length.

It is obvious that there are directions by this Court to hand over the plot in question to the petitioner's society within 30 days time, since the Revision Application No,156/2004 is pending adjudication and some orders have been passed to the extent that in case if any construction is raised for the purpose of Masjid the same shall not be demolished. The ground urged by the intervenor in this application can be considered in the above mentioned Revision Application. At present there is no substance to consider the further ground raised by the intervenor thus same is dismissed.

2. This application under section 151, C.P.C. Has been filed by the intervenor with a prayer that the petitioner after passing order by this Court has raised illegal construction on the amenity plot ST-3, 4, and 5, Sector No,48 F, Korangi Township, Karachi. It is further prayed that direction may be issued for demolition of the illegal construction made by the petitioner on the amenity plot. As per submission of the applicant/intervenor this Court has already dispos d of the Petition No,1567/1998 on 11-4-2004 with the direction that possession of the plot be handed over to petitioner's society within 30 days time. If any construction is being raised legally or illegally on the said plot for which Revision Application No,156/2004 is pending in this Court for adjudication. We are of the view that all the grounds taken by the intervenor/applicant may be considered in the above mentioned revision application, if so advised.

' In view of the foregoing reason, there is no substance is this application. Hence the same is also dismissed.

Cited by 2 cases

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