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2006 C.L.R. 1415

Mirza Muhammad Siddique Baig vs City District Government, etc.

Citation2006 C.L.R. 1415
CourtSindh High Court
Case No.H.C.A No. 398 of 2003
Date2005-03-08
Judge(s)Anwar Zaheer Jamali, Muhammad Mujeebullah Siddiqui
ResultAppeal Dismissed

ORDER

1. ANWAR ZAHEER JAMALI, J. --- Learned counsel for the appellant has filed a statement in writing, which reads as under: This statement is submitted under the instructions and behalf of Appellant that the subject of Appeal NUMAISH (Shahbaz Qalandar Mela) has been removed on 27.9.2004 at 4.00 p.m. Forcibly suddenly and surprisedly. Under the directions of Respondent No. 1 and 2, through their subordinate functionary TPO, Dr. Kamran Afzal.

2. That the HCA arisen, out of Suit No. 788/2003, which is pending. This Hon'ble Court has been pleased to grant status-quo time to time after hearing the said appeal, which status-quo was operating and continuing on 27.9.2004, when the sanctity of status-quo orders were flouted, dis-regarded, dis-respected by Respondents and their action of demolition, removal amounts to deliberate and wilful contempt and had caused damages to the Appellant about Rupees 20 millions, for which, the Appellant has reserved his rights to approach for his redress to the Competent Court of law.

2. It is therefore prayed that in view of the above statement, the appeal may be disposed of as the Numaish (Shahbaz Qalandar Mela) has already been removed forcibly, arbitrarily, illegally, without any lawful authority and male fidely.

3. Sd/- (Syed Safraz Ahmad)

4. Advocate for the Appellant In view of the above statement and the statement of the learned counsel for the appellant that he wants to withdraw this Appeal, the Appeal is dismissed as withdrawn alongwith listed applications.

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