Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 45. In this matter between Const. P. 685/2025 (D.B.) Sindh High Court, Karachi - Sardar Muhammad Ashraf Khan (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 685/2025 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 45 PARTIES: Sardar Muhammad Ashraf Khan (Petitioner) ORDER DATE: 13-JAN-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Abdul Mobeen Lakho A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH, KARACHI C.P. No.D-685 of 2025 _______________________________________________________ Date Order with signature of Judge _______________________________________________________

1.For order on CMA No.9337/2025 2.For order on CMA No.9338/2025

13.01.2026

Mr. Abdul Qadir Khan, Advocate for the petitioner. Mr. Mehran Khan, AAG.

------------------------- This petition was disposed of vide order dated 24.02.2025 on the following terms:- “Learned counsel for the petitioner submits that Petitioner has written a letter/complaint to the Director (East), SBCA on 18.12.2024 seeking removal of illegal and unauthorized construction of third, fourth and a pent house on plot No.AT -172/0, Block -2, PECHS, Tariq Road, Karachi, which is at page-81 of the court's File. However, petitioner has not received any reply to his complaint

Director (East), SBCA is directed to decide the aforesaid complaint of the petitioner within three months of the date of this order through after providing an opportunity of personal hearing to the petitioner and any other affected party through a speaking order

A copy of this order shall be sent to Director (East), SBCA Karachi for compliance.

The instant petition stands disposed of in the above terms alongwith all listed applications.”

Since the competent authority of the SBCA has already made a decision and co mpliance has been made, the petitioner’s application under Section 12(2) and 151 CPC is not maintainable at thi s stage which is dismissed as apparently there is no element of fraud as allegedly said, and a civil suit No. 460/2025 is also reportedly pending before the competent court. Both applications are disposed of in the above terms.

JUDGE

JUDGE Aadil Arab

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