97/2018 II.A. Zulfiqar Ali Sheera Through His Attorney (Appellant) V/S Shaukat Ali & Other (Respondent)

97/2018 II.A. Zulfiqar Ali Sheera Through His Attorney (Appellant) V/S Shaukat Ali & Other (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 10-MAR-20

Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 3---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---Appeal--- Compromise--- Suit was dismissed concurrently against which appeal had been preferred---Defendants had filed compromise application with the request to decree the suit against them on their admission of claim of the plaintiff--- Validity--- Compromise application with the clause of two months' time to be given to defendants to vacate suit property from the date of order on the said application had been filed---Two months' time to vacate suit property by the defendants had already expired prior to filing of present application---Terms and conditions of compromise should have already been complied with by the parties during the period of pendency of proceedings---Condition of order of the Court on such compromise was absurd---Decree for disposal of suit/appeal on compromise would not serve the purpose---Appeal on such compromise had become infructuous, in circumstances---Alleged compromise was one sided and contrary to the record and conduct of appellant---Compromise application was dismissed, in circumstances and counsel for the appellant was directed to address the court on merit of the case on the fixed date. Peer Dil and others v. Dad Muhammad 2009 SCMR 1268 rel.