263/2016 Suit Maqbool Co-Operative Housing Cociety Ltd.. (Plaintiff) V/S Muhammad Jawed & Others. (Defendant)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
263/2016 Suit Maqbool Co-Operative Housing Cociety Ltd.. (Plaintiff) V/S Muhammad Jawed & Others. (Defendant) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 20-MAY-16
The crucial letter in relation to the withdrawal of the approved plan dated 03.12.2015 has not been agitated. It is nowhere claimed in the petition that vide letter dated 03.12.2015 the subject plan has already been withdrawn.Thus the subject letter of withdrawal was never available for consideration of the Honble Division Bench while passing the order dated 15.12.20215 hence the order passed on 08.2.2016 in this suit is independent of the order passed by the Honble Division Bench. On the strength of the withdrawal of the approved plan the defendant was restrained from raising any further construction which construction could not be deemed to have been allowed vide order dated 15.12.2015 and since the defendant continued with the construction contempt application was filed.After inspection it revealed that the defendants were continuing with the construction. The defendants have not denied raising construction at the time of inspection. Counsel submitted that the Honble Division Bench in HCA as well as in Constitutional Petition has continued the order passed in C.P. No.D-7743/2015 therefore, it does not constitute violation.