Case Details

Citation(s)
2017 SLG 2206 2017 SLD 2206 2017 YLR 966
Sindh High Court
Suit No. 2122 of 2014, decision Dated: 10-01-2017, hearing Date : 13-12-2016.
YOUSUF ALI SAYEED, JUSTICE
Roomi Iqbal for Plaintiffs. Khalid Hussain Shaikh for
Respondent No. 5 along with Syed Nishtar Ali Rizvi, Deputy Director Master Plan. Syed Zafar Ali Shah, for Defendant No. 11. H.A Rehmani for Defendant No. 12.

SYED NAVEED AZIZ SHAH NOORI AND 68 OTHERS

VS

PROVINCE OF SINDH THROUGH SECRETARY (L&U) AND 13 OTHERS

Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and injunction---Relief not claimed---Lease of plots---Plaintiffs were aggrieved of letter issued by Master Plan Department, cancelling layout plan of plaintiffs and sought suspension of the letter---Validity---Plaintiffs sought declaration of title regarding their ownership to land in question admeasuring 16.5 Acres compris-ing various specified plot numbers---Plaintiffs also sought entries dated 11-5-1977 and 27-12-2005 to be declared as genuine/legal of suit property viz 12 Acres out of 16 Acres---Plaintiff further sought direction to Revenue official to issue VF-II along with "No Objection Certificate" of sale and direction to concerned department/Registrar to lease out property/plots in favour of plaintiffs---Preservation of Layout Plan through suspension of letter was beyond the scope of the suit---High Court declined to grant any interim relief against letter in question---Application was dismissed in circumstances. (b) Contempt of Court--- ----Proceedings, initiation of---Principle---Committal for contempt of Court is to be resorted to sparingly and only where prima facie case of violation of an order of Court has taken place. THIS ORDER PASSED BY: YOUSUF ALI SAYEED, JUSTICE:---.--- Vide this common Order I intend to jointly consider and dispose of C.M.A. No. 12931/ 2016 and C.M.A. No. 12932/2016. As the preceding facts narrated in the Affidavits filed in support of the above-mentioned applications are largely the same, and the alleged violation of the Order passed in this Suit on 16.05.2016 is raised as a ground in support of both applications, arguments on behalf of the parties in respect thereof were heard concurrently on 13.12.2016. 2. In terms of C.M.A. No. 12931/2016, the Plaintiffs pray for suspension of Letter No. URP-33.706/ MP&EC-2016/UD/149/L dated 01.07.2016 issued by the Master Plan Department (the "Impugned Letter"), as per which the Layout Plan No. URP-33-643/MPGO/ 2006/UD-1/409 dated 20.10.2006 (the "Layout Plan") of Jinnah Town Housing Project (the "Project"), said to be situated at Naclass-01, Deh Songal, Sector 29, Scheme No. 33, Karachi, as…
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