Law:

Section:

Civil Procedure Code (V of 1908)--- ----S.100---Second appeal---Scope---Plaintiffs were in possession of the suit property and were not encroachers or trespassers---Findings recorded by the Appellate Court were based on mis-reading and non-reading of evidence---Judgment delivered by the Trial Court was well reasoned---Impugned passed by the Appellate Court was set aside and that of Trial Court was restored---Second appeal was allowed in circumstances. (b) Administration of justice--- ----Law leans adjudication on merits rather on technicalities. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.--- Captioned appeals are directed against the conflicting findings of learned courts below. For the sake of convenience, Civil Appeal No. 57/2012 is treated to be leading appeal. The appellants above named instituted Civil Suit No. 1110/2002 (Old No. 672/1996) with the prayer for mandatory injunction, directing the Karachi Port Trust to execute lease deed in their favour in respect of subject property bearing No. 72 (Old No. 06), Jackson Bazar, Keamari Township, Karachi (West), measuring about 755.52 sq. meters or thereabout and get it registered before the Registrar of Registration; in the alternative, Nazir of the Court be directed to execute lease deed on the same terms as have been settled between the plaintiffs in respect of the subject property before the Registrar of Registration office. Another prayer clause to grant permanent injunction restraining the defendants from creating any interest, encumbrance or claim in respect of the subject property had also been made. A perusal of record shows that the said Suit was contested by the defendants and the parties led their evidence on the issues settled by the Court. By judgment pronounced on 13.03.2009, the suit for mandatory injunction was decreed by the trial Court, i.e. Vth Senior Civil Judge, Karachi (West). The Civil Appeal No. 30/2009 preferred by the defendants/ Respondents was allowed, thereby afore-stated judgment delivered by the trial Court in the said suit was reversed/ set-aside vide appellate judgment dated 30.03.2012 and decree dated 05.04.2012 passed by the IIIrd Additional District…