Malik PANJWANI vs FAROOQ NASIR Ss — 2024 CLC 1896 KARACHI-HIGH-COURT-SINDH

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Malik PANJWANI VS FAROOQ NASIR Ss.12, 42 & 54---Civil Procedure Code (V of 1908), O.XL, R.1---Suit for specific performance of agreement to sell, declaration, injunction and recovery of damages---Receiver, appointment of---Principle---Multiple claims---Creating third party claims---Application for appointment of receiver was filed to secure the status of suit property---Validity---Registered title to suit property was admitted and despite such factum the party remained dispossessed therefrom---No rights / title had crystallized in favor of another party who not only gained possession of suit property but prima facie had created unjustifiable third party interests therein---There were three conflicting claims to suit property and it was imperative for the lis to be preserved pending adjudication of respective claims---Purported tenants had notice of proceedings who opted to refrain from presenting their case---There was no arguable sanction for possession of suit property by the party creating interest of tenants---Prima facie defendants' collution to deprive plaintiff of his property was borne from record and the conduct of relevant parties---Suit property was in imminent danger of possibly irreparable dissipation through creation of further third party interests---High Court appointed the receiver of suit property with the direction that same shall remain in his exclusive possession and custody---High Court directed the receiver to cause suit property to be vacated and in such regard could obtain assistance of any law enforcement agency / regulatory body deemed expedient---High Court further directed that vacated suit property would be sealed pending further orders of High Court---Application was allowed accordingly.

Malik PANJWANI vs FAROOQ NASIR Ss — 2024 CLC 1896 KARACHI-HIGH-COURT-SINDH

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