1. SYED HASSAN AZHAR RIZVI, J.---Nazir report dated 12-11-2010 is taken on record.
2. The intervenor has filed the present application prayed therein to investigate the claim of the intervenor that he is owner of compact Plot No,SNPA-17, Survey Sheet No,45 P/1 measuring 9200 sq. yards transferred to intervenor by allotment certificate dated 21-6-1981 followed by registered sub- lease for 99 years dated 18-9-2006 executed by Messrs Al-Riaz Cooperative Society and the suit Plot No,38, Block-B, situated at KDA Scheme No,1 is not part of, it.
2. Mr. Shaiq Usmani, learned counsel for the decree-holder submits that vide order dated 5-11-2009 the present execution was allowed by this Court and by order dated 10-8-2010 of this Court Nazir was appointed as Commissioner and he was empowered to contact the concern department and staff of CDGK and visit the site to effect proper demarcation of the subject land. The Nazir of this Court was also directed to seek police aid through concerned Police Station.
3. On 12-11-2010 the Nazir has submitted a detailed report to this Court whereby he stated that on 21- 10-2010 he inspected the site in presence of the decree holder, Mr. Muhammad Ayub advocate for decree holder, Azhar Ali Khan, DDO Scheme No,1 Land Department, CDGK, Amir Afzal S.I. of Police Station Bahadurabad. Abdul Muqeet ADO, MPGO, CDGK, Rasheed Ahmed ADO Works and Services Scheme No,36/1, CDGK, Mohsin Mashdi, S.H.O. Police Station Bahadurabad along with other associates, Qazi Muhammad Fareed with Qazi Muhammad Bashir, advocates, Mr. Siraj Ahmed Advocate and Abdul Waheed Public Relation Officer of Messrs Al-Riaz Cooperative Housing Society, Muhammad Anwer Farooqui XEN Scheme No,1. Nazir along with his report enclosed several documents which include letter dated 26-10-2010 of Additional District Officer along with covering letter submitted demarcation plan together with photocopies of record of decree holder's plot and record of Al-Riaz Cooperative Housing Society.
4. The decree-holder has filed counter-affidavit to the listed application wherein it is submitted that on the subject plot a house was constructed by the father of the decree holder in the year 1967 and that is not part of the area claimed by the intervenor. The area claimed by the intervenor is claimed to be in Al-Riaz Cooperative Housing Society whereas the subject plot is located in KDA Scheme No,1, which is now under the control of CDGK. The decree-holder acquired the subject plot in 1975 and the house was constructed thereon as a gift from her father in whose favour the subject plot was originally, leased by the KDA in 1967. Attested copies of lease deed of the subject plot and mutation order are in favour of decree holder have been filed by the Nazir along with his report.
5. The judgment and decree was challenged in H.C.A. No,47 of 2006 but the same was dismissed on 24-3-2009. The case contested upto the Apex Court and the leave to appeal filed by occupant of plot was refused. The present application has been filed on 8-9-2010 by the intervenor. The intervenor has also filed an affidavitin-rejoinder to the counter-affidavit of the decree- holder. It is contended by the learned counsel for the decree holder that on 13-9-2006 this Court decreed Suit No,811 of 1999 and any subsequent transfer of the plot, would be illegal and without any substance.
6. I have heard Mr. Shaiq Usmani, learned counsel for the decree-holder, Mr. Khalid Latif, learned counsel for the judgment debtor and have perused the material available on record.
7. It is well established from the record of the instant execution proceedings that the title documents of the subject property situated on Plot No,38/13, KDA Scheme No,1, Karachi are in favour of the decree holder. The Nazir in his report submitted that the subject plot of the present suit has been demarcated by the officials of CDGK having layout plan of 1972. Thereafter vide letter dated 26-10- 2010 the Additional District Officer (W&S) Gulistan-e-Jauhar Division CDGK submitted demarcation plan which is already enclosed with Nazir's report dated 12-11-2010. The counsel for the intervenor has not filed any objection to the Nazir's report dated 12.11.2010. The claim of the intervenor on the subject plot of the present execution application is baseless and the present application filed by the intervenor' is misconceived. Therefore, the present application is dismissed. The Nazir is directed to take physical possession of the subject plot of the present execution proceedings, which has already been demarcated according to Nazir's report dated 12-11-2010 and handover physical possession the same to the decree holder.
8. The Execution Application is disposed of.