536/2004 Suit SHAUKAT ZAIB and 8 others (Plaintiff) V/S KHURAM ZAIB and 3 others (Defendant)

536/2004 Suit SHAUKAT ZAIB and 8 others (Plaintiff) V/S KHURAM ZAIB and 3 others (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Khadim Hussain Tunio(Author) Order Date: 16-MAR-17

Keeping in view the above position, discussion and case law cited above, the suit of the plaintiffs is decreed to the extent of Mukaram Market constructed on Plot No. R-50, Sector 5-C/4, Karachi consisting with one house and 07 shops which is mutated in the name of deceased Mst. Shahida Begum, which supports the plaintiffs plea and direct the final decree be prepared accordingly. Nazir of this Court who has already been appointed as Commissioner is to act as an Administrator of Mukaram Market left by deceased Mst. Shahida Begum. The expenses will be met from the assets left by deceased Mst. Shahida Begum. The property is not partition-able horizontally or vertically to sell the same and distribute the shares amongst the legal heirs of deceased Mst. Shahida Begum. I therefore, pass decree as provided under Order 20 Rule 13 CPC read with Form-18 of Appendix-D to Schedule-1 of the Code of Civil Procedure and appoint Nazir of this Court as Receiver with all powers to auction the said property. The plaintiffs and Defendants are allowed to participate in the same proceedings, distribute the sale price amongst all the Plaintiffs and defendants according to Mohammadan Law of Inheritance.