1. ' KHALID ALI Z. QAZI, J.--- By this application the plaintiff has sought refund of court-fee paid in the suit as the matter has been disposed of at an earlier stage without any substantial progress in the suit. Reliance has been placed on the case of Shaikh Riazuddin v. Aqeelur Rehman and 4 others PLD 1993 SC 76.
2. ' Mr. Ahmed Pirzada learned A.A.-G. Sindh has opposed the grant of listed application. He has submitted that the suit was primarily contested and notices were issued to the defendants and also parties were directed to maintain status quo in respect of property in question. In support of his above contentions, he has relied upon the order dated 12-4-2004 passed by this Court in Suit No,148 of 2004.
3. ' I have heard the learned counsel for the parties and perused the case record. The case referred by Mr. Pirzada is different and distinguishable from the case in hand. In that case the notices were directed to be issued to the defendants and defendants were further restrained from creating any third party interest in respect of Shops Nos.1 and 2 (ground plus two) each measuring 10' x 14' approximately, constructed on Plots bearing No,496-C and 498-C, Block-2, situated at P.E.C.H.S., Karachi. Notices were issued and defendants were served and thereafter the parties have settled their dispute out of Court. In the present case the suit was filed on 31-3-2007 and notices were issued to defendants and parties were directed to maintain status quo in respect of the suit property, but neither defendants have filed any counter-affidavits nor any written statements till withdrawal of suit i,e, 13-8-2007.
4. ' Keeping in view the facts and circumstances and the dictum laid down in the case of Sh.
5. Riazuddin (supra), I am of the considered view that the prayer made in the application seems to be justified.
6. ' Accordingly, this application is allowed and disposed of in the terms that office may issue necessary certificate in favour of the plaintiff for seeking refund of court-fee affixed on the plaint of the present suit as contemplated under section 13 of the Court Fee Act.