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PLD 1996 Karachi 235

Before Wajihuddin Ahmad and Agha Saifuddin Khan, If Syed BASHIRUDDIN

CitationPLD 1996 Karachi 235
CourtSindh High Court
Case No.Civil Miscellaneous 'Application No,374 of 1995 and High Court Appeal
Date1995-09-04
Judge(s)Wajihuddin Ahmed, Agha Saifuddin Khan
ResultAppeal dismissed

ORDER

1. ' WAJIHUDDIN AHMED, J.--Serials Nos. 1 and 2. This High Court Appeal is directed against an order dated 23-1-1995, passed by a learned Single Judge of the Court in Suit No,567 of 1993, whereby the appellants-plaintiffs' application for injunction was dismissed on the ground that they failed to make out any case.

2. The facts need not be narrated as such are readily to be found in the impugned order of the learned Single Judge. As to findings, the learned Single Judge has found that the appellants- plaintiffs were given an alternative plot in lieu of the one which was originally allocated, that the original plot stood bifurcated and auctioned at a public auction and that the subsequent documents relied upon by the appellants-plaintiffs did not inspire confidence and may have been forged. Above all, there was year of inaction in the pursuit of the rights by the appellants-plaintiffs.

3. ' In the above state of the subject-matter of the suit having become unavailable no interference in the impugned order is called for. However, the respondents-defendants would disclose in the suit the names as well as other particulars of the auction-purchasers so that the appellants-plaintiffs may, if they so choose, join them as parties to the suit.

4. ' Dismissed.

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