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2009 YLR 2344

SHER BANO and another vs ILYAS SHARIF and others

Citation2009 YLR 2344
CourtSindh High Court
Case No.Constitutional Petition No . S-198 of 2005
Date2008-05-26
Judge(s)Bin Yamin
ResultPetition dismissed

ORDER

1. ' BIN YAMEEN, J.--- Petitioner present in person and so also Mr. Khaleeq Ahmed Advocate for the respondent No,1 is in attendance. Petitioner Sher Bano has filed instant application with request that she may be given three months more time to vacate the premises in question. She further stated that she has no alternative place to reside there.

2. ' Learned counsel for the respondent No,1 submits that ejectment order from the premises was passed by learned Rent Controller against the petitioner and thereafter petitioner filed appeal before the Court of District Judge, Karachi, South which was finally disposed of by 1st Additional Sessions Judge Karachi, South who upheld the decision of Rent Controller. Thereafter the petitioner filed his constitutional petition before this Court but the same was dismissed on 109-2007 and six months time was allowed to the petitioner to vacate the premises in question. The said period of six months has already stood expired but petitioner who is an Advocate is not vacating the premises in question; that her this act is not only causing harassment to the respondent, but she is also bringing bad name to the community of Advocates. He therefore submits that instant application of the petitioner may be rejected.

3. ' Perusal of the case shows that litigation in between the parties started in the year, 2001 i.e, about seven years ago. All the Courts before whom the present case remained pending have given decisions against the petitioner. She also availed grace period of six months granted by this Court.

4. There is no justification to extend further time, I, therefore, dismiss instant application with cost of Rs,5000 which is to be paid to respondent.

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