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Petitioner: Messrs HYESONS COMMERCIAL AND INDUSTRIAL CORPORATION Ltd. VS Respondent: THE TRUSTEES OF THE KARACHI PORT TRUST
Court Name: Sindh High Court Judge(s): Muhammad Zahoor-ul-Haq, Syed Sajjad Ali Shah Title:Messrs HYESONS COMMERCIAL AND INDUSTRIAL CORPORATION Ltd. vs THE
TRUSTEES OF THE KARACHI PORT TRUST Case No.: Civil Miscellaneous Application No,895 in High Court Appeal No,94 of 1986 Date of Judgment:1986-02-16 Reported As: 1987 MLD 2579 Result: Order accordingly Judgment ORDER MUHAMMAD ZAHOORUL HAQ, J. --This application seeks to stay the operation of impugned judgment. We have heard the learned counsel for the parties and we are of the view that the order which has been passed by Mr. Justice Saeeduzaman Siddiqui on 30-9-84 in Suit No,1056 of 1979 and which was, not appealed from should be allwed to operate in this matter. The said order had arisen out of he application of stay made by present appellant and in that application t was ordered after hearing the parties that the appellant should deposit Rs,350 per meter per annum of the land with K.P.T. While a am of Rs,1,835/- per meter per annum should be deposited with the Nazir of this Court. The present appellant had not appealed against hat order and, therefore, now when the appellant has lost this suit Before the Single Judge, therefore, the previous order passed on the injunction application should at least continue to be in effect if not the whole order of the dismissal of the suit. ' Consequently we dispose of this application as under:- The appellant shall not be proceeded against in the criminal Court against its possession till the disposal of this appeal subject to their making payment as ordered by Mr. Justice Saeeduzzaman Siddiqui on 30-9-84. The amount shall continue to be deposited in the Khas Deposit Certificates. This application is disposed of. The early hearing the appeal is allowed. The appellant is allowed four months' time to opposite the arrears. However, the current amount shall continue to the deposited by the appellant from January 1987.