Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.1

Law: Karachi Buildings and Town Planning Regulations, 1979

Section: ScheduleD(3b)

Civil Procedure Code (V of 1908)--- ----O.XXIII, R.1---Suit having been filed during pendency of a constitutional petition---Withdrawal of constitutional petition without seeking permission to file a fresh suit---Effect---Proper course available to the plaintiffs was to approach the Court for withdrawal of constitutional petition before filing of present suit---Plaintiffs at the time of withdrawal of constitutional petition must have sought permission for filing of present suit---Plaintiffs neither withdrew constitutional petition filed before the institution of present suit nor sought any permission for the same---Present suit was not maintainable in circumstances. Umed Ali and 12 others v. Government of Sindh and others PLD 2007 Kar. 224 and Muhammad Yar (deceased) through LRs and others v. Muhammad Amin (deceased) through LRs and others 2013 SCMR 464 rel. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, J.---- By filing this civil suit, the plaintiffs have sought certain reliefs against the defendants containing declaration, specific performance and injunction regarding the plots of different sizes, which were purchased by them in an open auction. 2. Factual matrices of the case are that KDA carved out 72 commercial plots of different sizes from Plot No. ST-2, Block-10, Federal-B Area, Karachi and offered them to the prospective buyers in an open 'auction through a public notice published in the daily Jang. The plaintiffs participated in the auction proceedings and submitted their bids, which were accepted by the KDA. The KDA demanded instalment amount from plaintiffs and other allottees. The plaintiffs deposited the requisite payment in the prescribed account of KDA. Meanwhile, some of the residents of the locality filed a civil suit bearing No. 1016/1996 before this Court, wherein they prayed for a declaration and permanent injunction against the KDA and others by claiming that Plot No. ST-2 is an amenity plot and reserved for park in the Master Plan. They also claimed that the conversion of the said plot as residential, commercial or flat site is illegal, as such they prayed for the relief of declaration and injunction. Some of the plaintiffs entered in…

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