| Citation(s) |
|---|
| 2008 SLG 828 2008 SLD 828 2008 CLC 1430 |
Sindh High Court
H.C.A. No.101 of 2006, decision dated: 6-02-2007
ANWAR ZAHEER, JAMALI AND MUHAMMAD ATHER SAEED, JJ
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H.C.A. No.101 of 2006, decision dated: 6-02-2007
ANWAR ZAHEER, JAMALI AND MUHAMMAD ATHER SAEED, JJ
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Malik PERVEZ JADOON
VS
MUHAMMAD YAQOOB and 4 others
Law:
Section:
Law Reforms Ordinance (XII of 1972)-------S. 3---High Court appeal---Main grievance of appellant was regarding the observations of the Single Judge contained in the impugned order which, according to the appellant, were being misinterpreted and misapplied by respondent for dislodging the appellant from the land in his possession without waiting for the decision of his pending claim for regularization of his possession---Validity---Grievance of the appellant as regards the impugned order would be redressed, if his appeal was disposed of with the observation that respondents would act strictly in accordance with law for removal of encroachment, if any made by the appellant without being influenced by the direction/observations contained in the impugned order---Leaving aside such action, appellant as well as respondents could pursue their respective claims in respect of disputed piece of land before the concerned Authorities or to follow any other legal course available with them in that regard. M.M. Aqil Awan for Appellant. Anwar Muhammad Siddiqui for Respondents Nos. 1 and 2. Raja Sikandar Khan Yasir for Respondent No.3. ORDER ANWAR ZAHEER JAMALI, J.--- This High Court Appeal has been preferred by the appellant to impugn the order, dated 14-3-2006 passed by the learned Single Judge of this Court in Suit No.1099 of 2004, which reads thus:--- "Written statement as well as a statement pursuance to the order, dated 27-2-2006 has been filed by the C.D.G.K. In the statement it is mentioned that the defendant No.1 is an encroacher of the suit-land. Mr. Manzoor Ahmad states that the C.D.G.K. will take steps for the removal of the encroachment under the Encroachment Act, 1975 and that such action will be taken within the period of one month. Mr. Anwar Muhammad learned counsel for the plaintiff upon instructions from the plaintiffs who are presenting in person states that the plaintiff is satisfied with the statement made by counsel for the City District Government and do not press this suit and state that the suit may be disposed of with observation that if the C.D.G.K. does not take the steps within the above-mentioned period, the plaintiff will be free to approach this…
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