HASAN FEROZ, J.---This is a Second Appeal filed by the Appellant on being aggrieved and dissatisfied with the judgments dated 02.03.2010 passed by the learned VIIIth Senior Civil Judge Karachi (South) in Suit No. 1045/2007 (Muhammad Saeed v. Pakistan Defence Officers Housing Authority Karachi and others) and Judgment dated 05.03.2013 Decree dated 12.03.2013 passed by the Learned First Appellate Court i.e. VI Additional District Judge Karachi (South) In Civil Appeal No. 134 of 2010 (Pakistan Defence Officers Housing Authority Karachi v. Muhammad Saeed and others) in favour of Respondent No.1.
During the Course of arguments learned counsel for the Respondent No.1 in his Counter -Affidavit has come up with the proposal to resolve the controversy once for all by appreciating to consider his 'pending application with the Administrator DHA for regularization of shop constructed on plot No.35/1 situated at 8th Commercial Street Phase IV Pakistan Defence Officers Housing Authority Karachi be taken into consideration justly and fairly in terms of the following averments made in Para 6 of the affidavit and to regularize the violation of shop constructed at afore-stated plot on payment of penalty/charges by consideration on humanitarian ground and also keeping in view the consistency at par in the same area where the Appellant and Respondent No.2 have already regularized the shops which is adjacent constructed on Plot No.35/2 on same street, for which he would pay the costs/charges and in thatregard DHA and Clifton Cantonment Board Karachi, be directed to justly and fairly consider the request made by the Respondent No.
1. I have also in my view that against two concurrent judgments in favour of Respondent No.1, this appeal has been preferred by DHA.
' Learned counsel appearing for appellant DHA has not controverted the assertions made by the respondent in view of equality before law stretching, at par to the respondent therefore in terms that the application for regularization be considered by the DHA and Clifton Cantonment Board in accordance with law and rules this appeal is disposed of with no order as to costs.