1993 PLP 1862 (MLD)
ADIL JAFFAR and another‑‑‑Petitioners Versus Mrs. FARIDA MUHAMMAD ALI and 2 others‑‑‑Respondents
| Citation | 1993 PLP 1862 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Nasir Aslam Zahid, CJ |
| Parties | ADIL JAFFAR and another‑‑‑Petitioners Versus Mrs. FARIDA MUHAMMAD ALI and 2 others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 1862 (MLD)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1862 (MLD)?
The case was heard and decided by the Karachi bench comprising: Nasir Aslam Zahid, CJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 1862 (MLD) (ADIL JAFFAR and another‑‑‑Petitioners Versus Mrs. FARIDA MUHAMMAD ALI and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.I. Chundrigar for Petitioners. Mahfooz Yar Khan for Respondents Nos.l and 3. S.M. Kizilbash (absent) for Respondent No.2.
- Date of hearing: 3rd June, 1992.
Headnotes / Summary
‑‑‑‑OXXIII, R.3‑‑‑Compromise of suit‑‑‑Main dispute being between petitioner and contesting respondent their counsel gave in writing that petition may be allowed as prayed‑‑‑Counsel had specific powers to compromise the matter as per Wakalatnama given to them by parties‑‑‑Constitutional petition thus was allowed in circumstances: ‑‑[Compromise‑‑‑Counsel and client].
Judgment & Decree
A.I. Chundrigar for Petitioners. Mahfooz Yar Khan for Respondents Nos.l and
3. S.M. Kizilbash (absent) for Respondent No.2. Date of hearing: 3rd June, 1992. It is informed by Mr. Mahfooz Yar Khan that Mr. S.M. Kizilbash; Advocate for respondent No. 2 KBCA had come earlier in the morning, but now he is not present. It is also stated that the main dispute is between the petitioner and respondents 1 and
3. Mr. Mahfooz Yar Khan, learned counsel for respondents 1 and 3 has given in writing that this petition may be allowed as prayed. Mr. Mahfooz Yar Khan further points out that in his Vakalatnama given to him by Respondents 1 and 3, he has specific powers to compromise the matter. Statement of learned counsel for Respondents 1 and 3 is taken on record. In the circumstances, this petition is allowed and the following prayers made by the petitioner‑in this Constitutional Petition are allowed:‑‑‑ "(a) Restrain respondent No.l (respondent No. 3), her servant employee, agents or any person acting through or under her from raising further construction on the said Plot D‑144 and/or handing over possession of the constructions or any part thereof to any person, body or organisation whether incorporated or not. (b) Direct that respondent No.l (respondent No. 3) demolish all illegal constructions already raised on the said Plot D‑144 i.e. there being no basement which has been erected in accordance with the plan approved by respondent No.2 and, therefore, all constructions have become illegally erected, at least the 2nd floor, since only ground plus one is allowed. (c) Order that respondent No.2 should exercise its statutory powers, duties, under the Sindh Building Control Ordinance, 1979 and all bye laws and Rules thereunder and enforce the vis‑a‑vis, the constructions already carried out, being carried out and which are to be carried out on the said Plot D‑144 by respondent No.l (respondent No. 3) and to take steps to demolish all the illegal constructions which have been made or which may be made hereafter by respondent No.l on the said Plot D‑144." There will be no order as to the costs. Order accordingly.