Athar Minallah, C.J. Through this petition, the petitioners are seeking a direction to the Capital Development Authority to handover possession of plots No.404-C and 404-D, Margalla Town Phase-II, Islamabad.
2. The learned counsel who has appeared on behalf of the Capital Development Authority has brought to the attention of this Court a pending suit relating to the aforementioned plots. However , the petitioners have not been arrayed as defendants in the suit. The suit was filed on 24-12-2018 while the plots were transferred in the name of the petitioners on 19-01-2017. The title of the plots is in the name of the petitioners.
3. The learned counsel who has appeared on behalf of the Capital Development Authority has confirmed that, as per record, the title of plots is in the name of the petitioners.
4. Mr Assam Ali, Advocate has appeared on behalf of the person who has filed the suit relating to the aforementioned plots. He was asked as to why the petitioners were not impleaded as defendants because they were necessary parties? He was not able to give a plausible explanation for not impleading the petitioners.
However , it would be appropriate not to make any observation, lest it may prejudice the proceedings before the competent court.
5. Since the matter relating to the plots is pending before the competent court, therefore, entertaining the petition is likely to interfere with the proceedings. However , this court expects that the learned court before which the suit is pending will afford an opportunity to the parties to implead the petitioners so as to safeguard their legitimate interests.
6. The petition stands accordingly disposed-of.