A division bench of High Court of Sindh (SHC) comprising Chief Justice Saiyed Saeed Ashhad and Justice Syed Zawwar Hussain Jaffery on Friday dismissed in limine an appeal filed by Shahid Umar, former owner of land which was later auctioned and allotted to another bidder.
The appellant impugned an order of a single bench of SHC which dismissed his application for staying the auction and later handing over the possession of 636 square yards in a prime area of Saddar, Karachi. The appellant challenged the lease rights for 99 years and said that it was violation of laws of City Government.
When the appeal came up for hearing, Abbas Ali and KS Wahab, advocate, counsel for respondent Mohammad Asif, said the appeal was not maintainable. Manzoor Ahmed, EDO Law for City Government also supported the contention of respondent and auction purchaser.
The Bench took serious note of unnecessary litigation and while observing that the appellant has misused the process of law it dismissed the appeal in limine.
Another bench of SHC comprising Justice Anwar Zaheer Jamali and Justice Maqbool Baqer while hearing a constitutional petition filed by Karachi Watch and Care Society against one Mehboob, owner and contractor raising construction on a plot LY12/64, D.D. Choudhry Road, Lyari restrained the respondent from raising any further construction till further orders.
The Bench also appointed Aamir Raza Naqvi advocate as Commissioner on a request by counsel for petitioner and asked the Commissioner to visit and make report about present status of construction on the said plot.
The Bench later put off hearing till August 31.