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Petitioner: MUSLIM EDUCATIONAL SOCIETY (Regd.) VS Respondent: MADINA MASJID
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Rabbani, Tasaddaq Hussain Jillani, Muhammad Moosa K. Laghari Title: MUSLIM EDUCATIONAL SOCIETY (Regd.) vs MADINA MASJID Case No.: Civil Appeal No, 1850 of 2008 Date of Judgment:2009-07-08 Reported As: 2011 SCMR 368 Result: Order accordingly
Judgment ORDER ' TASSADUQ HUSSAIN JILLANI, J.---We have heard learned counsel for the parties at some length and have gone through the impugned judgment. Both the learned counsel agreed that this appeal be disposed of in terms of a direction to be given to the City District Government Karachi to have the suit property demarcated with a view to find out as to whether the same is situated on a sanctioned public street/lane in Khudadad Colony adjacent to Quaid-i-Azam Administration Block and if the property is found to be part of the lane, this appeal shall stand dismissed with costs. Otherwise, the appellant should have a right to have this appeal resurrected. 2. In view of the fair stand taken by the learned counsel for the parties, we are persuaded to direct the City Nazim, City District Government Karachi to have the demarcation carried out by keeping the site plan which is at page 56 of the appeal in view and report as to whether the suit property is part of the public street/lane or not. The report shall be submitted within six weeks of the receipt of this order. If report is to the effect that suit property is part of the street, this appeal shall stand dismissed with costs. Otherwise appellant shall have a right to have this appeal resurrected. Disposed of.