| Citation(s) |
|---|
| 2026 SLG 454 2026 SLD 454 = 2026 SHC 244 |
Sindh High Court
C.P. No.D-6024 of 2025
Presented By: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 02.02.2026 Mr. Maaz Waheed advocate for the petitioner Ms. Muneer Ahmed advocate for respondent No.1 Mr. Ali Safdar Depar AAG
C.P. No.D-6024 of 2025
Presented By: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 02.02.2026 Mr. Maaz Waheed advocate for the petitioner Ms. Muneer Ahmed advocate for respondent No.1 Mr. Ali Safdar Depar AAG
(Syed Khalid Mahmud & others
VERSUS
Muhammad Yaseen & others)
Law: Constitution of Pakistan, 1973
Section: 199
Law: Code Of Civil Procedure, 1908.
Section: Order XL, Rule 1,34,151
Summary: Syed Khalid Mahmud filed a Constitutional Petition under Article 199 seeking to set aside the trial court’s order in Suit No. 2859/2024 and to appoint the Nazir as receiver of disputed property. The petitioners claimed ownership through an old sub-lease and mutation, alleging that Respondent No.1 illegally occupied the property, collected rent, and mismanaged it. The Court held that appointment of a receiver under Order XL, Rule 1 CPC is discretionary and requires clear evidence of waste, mismanagement, or imminent loss. Since the property was not shown to be at risk, the trial court correctly refused the appointment. The petition was dismissed, with directions to expedite the main suit. Sections / Rules Used: Article 199 – Constitution of Pakistan, 1973 (High Court jurisdiction) Order XL, Rule 1 CPC – Appointment of receiver Sections 34 & 151 CPC – General powers of civil courts Two 2-Word Descriptions: Receiver Application Property Dispute O R D E R The petitioner Syed Khalid Mahmud has filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer. That this Court may be pleased to set aside the impugned order dated 26.03.2025, passed in suit No. 2859 of 2024. That this Court may be pleased to appoint the Nazir of this Court as a receiver of the subject property, with directions inter alia to take possession of the subject property, such that the subject property is preserved from being wasted or misappropriate/mismanaged, until the adjudication for the Suit No. 2859 of 2024. That this Court may be pleased to suspend the operation of the Impugned order dated 26.03.2025, passed in Suit No. 2859 of 2024, and appoint Nazir of this Court as a receiver of the subject property till the pendency of the instant miscellaneous appeal; That this Court may be pleased to award the costs of the miscellaneous appeal to the appellants. f. That this Court may be…