Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 100---Suit for declaration and injunction---Consent of parties---Plaintiff proposed to resolve controversy once for all by considering his pending application with administrator of defendant, Defense Housing Authority, for regularization of shop constructed on plot in question, justly and fairly and to regularize violation of shop constructed at aforesaid plot on payment of penalty/charges---Defendant DHA did not controvert the assertions made by plaintiff in view of equality before law stretching at par to defendant---Application was disposed of accordingly. THIS ORDER PASSED BY: HASAN FEROZ, JUSTICE:----------- 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…

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