1986 PLP 610 (CLC)

Nizam Ali Khan for the Decree‑Holder. Muhammad Sharif for the Judgment‑Debtor. Date of hearing: 17th October, 1985. Mr. Muhammad Sharif, Advocate for intervenor states that he also appears for the judgment‑debtor today. It is stated by the learned counsel that the matter has been settled amicably and the judgment‑debtor has agreed to pay Rs.1,00,000 in full and final settlement of the decree. Plaintiff No.l, Mist. Zeenat Farooq widow of late Muhammad Umar Farooq is present and states that she has agreed to accept Rs.1,00,000 in full and final settlement of the decree passed in the suit, out of which the present execution .application arises, on her behalf and on behalf of her two minor sons, namely Muhammad Imran Farooq and Muhammad N Oman Farooq, who are decree‑holders Nos.2 and 3.

2. C.M.A. No.1664/85 has been filed under Order XXXII, rule 7 read with section 151, C . P. C . by the learned counsel for the decree holders and this application is supported by the affidavit of decree‑holder No.l, Mst. Zeenat Farooq, widow of late Muhammad Umar Farooq. A certificate under sub‑rule (1‑A) of rule 7 of Order XXXII, C.P.C. has been filed by the learned counsel for the decree‑holders to .the effect that the compromise entered into between the parties is in his opinion for the benefit of the minors. In my view, in the circumstances of this case, the settlement is in the interest of the minors. C . M . A . .No.1664/85 is granted and leave is accorded for compromise between the parties. A Pay Order NO.P00‑2/411004 for Rs.1,00,000, dated 16‑10‑1985 of United Bank Limited made out in the name of Mist. Zeenat Farooq, decree‑holder No. 1, has been handed over to the Court by Mr. Muhammad Sharif, learned counsel for the judgment‑debtor and intervenor. The decree in Suit No.1071/78 stands satisfied. It is certified accordingly.

3. Decree‑holder No.l is directed to open a current account in the Court Road Branch of Habib Bank Limited today and the Deputy Nazir of this Court, who is present, has been handed over the Pay Order. He is directed to deposit this pay order in the account, which is being opened by decree‑holder No.l in Habib Bank Limited, Court Road Branch, today. By consent of decree‑holder No.l it is directed that the share of decree‑holder No.l in this amount will be Rs.50,000, which can be withdrawn by her from the amount. The balance amount of Rs.50,000 will be paid by the Habib Bank Limited to the Nazir of this Court by a pay order made out in the name of the Nazir, Sind High Court, Karachi, and this amount of Rs.50,000 will be invested in the Khas Deposit Certificates. This amount of Rs.50,000 will be the share of decree‑holders Nos.2 and 3, which has been ordered to be invested in the Khas Deposit Certificates. A copy of this order will be sent to the Manager, Habib Bank Limited, Court Road Branch, Karachi.

4. The in tervenor's application, C.M.A. No.602/84 and this Execution Application No.4/84 stand disposed of. H . B . T . Order accordingly