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2009 MLD 741

AHSANUL HAQ vs SHAHID WASEEM and 2 others

Petitioner: AHSANUL HAQ VS Respondent: SHAHID WASEEM and 2 others

Court: Sindh High Court Decision Date: 2006-08-28

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Maqbool Baqar Title: AHSANUL HAQ vs SHAHID WASEEM and 2 others Case No.: Civil Suit No,1366 of 2003 C.M.A. 11014 of 2005 and C.M.A. 7174 OF 2003 Date of Judgment:2006-08-28 Reported As: 2009 MLD 741 Result: Application granted

Judgment ORDER ' MAQBOOL BAQAR, J.---Through the present application, Dilawar Hussain seeks to intervene in the proceedings. He claims to have entered into an agreement to purchase the suit property on 14-5- 2005 and that he has, on the date of signing of the agreement, paid to defendant No,2 an amount of Rs,20,00,000 and the balance amount being Rs,95,00,000 was paid by him within four days thereafter. Though upon being claimed by defendant No, 1 that he has sold the property to defendant N.2, by order, dated 13-9-2004, this Court was pleased to allow the plaintiff to implead the defendant No, 2 and was so done by the plaintiff on 22-9-2005. However, till so done by the plaintiff on 22-9-2005. However, till date neither has the plaintiff filed any fresh injunction application nor were any orders passed against' the defendant No,2 with regard to the suit property. The applicant, in view of his claim A that he has entered into an agreement with defendant No,2 for purchase of the suit property on 14-5-2005 and has paid the entire sale consideration amount to the latter is justified in seeking his implement in the proceeding. The ,application is granted. Plaintiff shall accordingly file an amendment plaint within two weeks. 2. Adjourned.

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