| Citation(s) |
|---|
| 2026 SLG 2071 2026 SLD 2071 = 2026 SHC 227 = 2026 PLJ 58 |
C.P No. D-5782 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 12.02.2026. Ms. Amna Usman, Advocate for Petitioners. Mr. Abdul Jalil, A.A.G. Mr. Hameedullah Rind, Mukhtiarkar, Ibrahim Hyderi. M/s. Yar Muhammad Bozdar [DS-I], Mushtaque Ali [SO Legal] and Aktar Ali Mastoi [Law Officer], LU, BOR, SINDH, Mr. Mansoor Ali Panhwar, Advocate for
Respondents. Mr. Hammad Jokhio, Mukhtiarkar, Gothabad Malir. Mr. Waheed Abdul Ghumro, City Surveyor, on behalf of the Director Settlement, Government of Sindh.
(Muhammad Ibrahim & others v Deputy Commissioner Malir & others)
Law: Code Of Civil Procedure, 1908.
Section: 10(2)
Law: Sindh Public Property (Removal of Encroachment) Act, (XVIII of 2010)
Section: 13 & 14
Tagline
Impleadment of Necessary Parties under Order I, Rule 10(2), CPC: Any party possessing a prima facie title or legal interest in a property must be impleaded as a necessary party in proceedings before the Anti-Encroachment Tribunal where the nature of that land (public vs. private) is in dispute, to prevent collateral damage and multiplicity of litigation.
Summary
In Muhammad Ibrahim & others v. Deputy Commissioner Malir & others (2026 SLD 737 / 2026 SHC 227), the petitioners challenged an order of the Anti-Encroachment Tribunal, Karachi, which had dismissed their intervener application under Order I, Rule 10(2) of the Code of Civil Procedure (CPC), 1908.
The private respondents had filed a suit before the Tribunal under the Sindh Public Property (Removal of Encroachment) Act, 2010, claiming that certain plots in Haji Peer Shah Goth, Deh Khanto, Malir, were public property and seeking a restraining order. The petitioners, claiming ownership as heirs of the original grantee who was granted the land in 1973 (supported by Form-VII revenue records, historical mortgages, and subsequent registered sale transactions), sought to be impleaded to present their title documents and reveal prior pending litigation.