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Petitioner: FAQIR HUSSAIN & Co. VS Respondent: ASGHAR ALI GHULAM HUSSAIN ANTRIA AND OTHERS
Court Name: Sindh High Court Judge(s): k.A Ghani Title: FAQIR HUSSAIN & Co. vs ASGHAR ALI GHULAM HUSSAIN ANTRIA AND OTHERS Case No.:Civil Miscellaneous Application No, 3308 of 1981 in Second Appeal No, 265
JUDGMENT
Reported As: 1983 CLC 2270 Result: Orders accordingly Judgment JUDGMENT ' This is an application filed by the learned Advocate for the respondent praying therein that the appeal be dismissed as having become intructuous on the ground that the demised building/premises does not exist as the same has already been demolished by the Karachi Development Authority and that all the tenants (including appellants) stand ejected therefrom. 2. without going into the merits of the case and without prejudice to the rights of the appellants, the learned counsel for the appellants concedes that the appeal has become infructuous. He however, submits that the appellants would seek other legal remedies which may be available to them in the circumstances of the case. The learned counsel for 'appellants accordingly does not oppose the application to the extent that the appeal has become infructuous. B 3. The application (C. M. A. 3308/81) is granted and the appeal is accordingly dismissed. C. M. A. No, 3408/81-In the circumstances mentioned in the above order passed on C. M. A. No, 3308/81, the learned counsel for the appellants, withdraws this application. Application is dismissed.