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2008 YLR 2157

Mst. PARVEEN ARA vs PROVINCE OF SINDH and 8 otherss

Citation2008 YLR 2157
CourtSindh High Court
Case No.Constitutional Petition No, 2109 of 2006
Date2007-05-30
Judge(s)Amir Hani Muslim, Mrs. Yasmeen Abbasey
ResultOrder accordingly

ORDER

' We heard the learned counsel for the respective parties and with their assistance have gone through the material available on record. By consent this petition is disposed of in the following terms.

2. The Nazir of this Court shall inspect the site today and shall take photographs of the present status of Krishna Mansion, particularly the portion from where the construction is to be raised. The purpose behind this inspection is that during proposed construction, raised by respondent No, 10, the damage, if any, caused to Krishna Mansion can be quantified. The Nazir shall also make video- recording of the present status of Krishna Mansion. Nazir's fee for inspection is fixed at Rs, 10,000 which shall be paid by the petitioner directly to the Nazir. The expenses of photographs and video recording shall also be borne by the petitioner.

3. We have perused the reports of the Nazir, which are three in number. In the fact report of the Nazir, it has been stated that the construction, which is being raised in the adjoining plot by respondent No, 10, does not affect the Krishna Mansion building, in which the petitioner is residing.

No objection to this report has been filed.

4. Learned counsel for KBCA has also filed their comments in which they have stated that construction is being raised in accordance with the approved plan with minor violations which appears to be condonable.

5. Under the above circumstances, by consent this petition is disposed of with the reservation by the petitioner that in case if any damage is caused to Krishna Mansion building on account of the proposed construction raised in the adjoining plot by respondent No, 10, the petitioner would be at liberty to file suit for damages and/or recovery of the same.

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