| Citation(s) |
|---|
| 2025 SLG 965 2025 SLD 965 |
1. For orders on CMA No.1546/2025 2. For orders on office objection a/w reply of Counsel at ‘A’ 3. For orders on CMA No.1547/2025 4. For hearing of main case. 5. For orders on CMA No.1548/2025
Hon'ble Mr. Justice Arshad Hussain Khan(Author)
03.03.2024. Mr. Arshad Jamal Siddiqui, advocate for applicant.
Ahmad Hussain S/o Yawar Hussain (Applicant)
VS
Tauqir Ali Khan and others (Respondent)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Code of Civil Procedure (CPC) , 1908
Section: 115,7 Rule 11
Summary:
In the High Court of Sindh, Karachi, the applicant filed a Civil Revision Application challenging the judgment and decree passed on 17th December 2024 by the VIth Additional District Judge, Karachi-East. This judgment upheld the decision of the Senior Civil Judge-XII, Karachi-East, dated 17th May 2024, which rejected the plaint of Civil Suit No. 2439 of 2023 under Order 7 Rule 11 of the CPC.
The applicant, claiming ownership of two flats in Aashiyana Hills Apartments, Karachi, filed the suit seeking declaration, restoration of facilities, injunction, and damages for the disconnection of essential services (like lift, gate access, and water) by the respondents. The applicant alleged issues over increased maintenance charges and renovation contributions, which led to disputes and the withdrawal of facilities.
The Trial Court and Appellate Court both ruled that the applicant had no cause of action because the Nazir's report showed that all essential services were being provided to the applicant. Despite this, the applicant continued to pursue the claim, but the courts found no merit in the case.