2011 CLC 955 KARACHI-HIGH-COURT-SINDH

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ASHFAQ GHORI VS IVth ADDITIONAL DISTRICT JUDGE, KARACHI 2010 MLD 554, Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--22 , Ss. 15 & 22---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Stay of execution proceedings---Ejectment application filed by landlord was allowed by Rent Controller and appeal against eviction order was dismissed for non-prosecution--Tenant filed application for restoration of appeal but in the meanwhile landlord filed execution proceedings--Plea raised by tenant was that during pendency of application for restoration of appeal, eviction order could not be executed---Validity---Numerous opportunities were provided to tenant either to argue the case or to produce any stay order but he failed to comply with any of such conditions---High Court did not find any merit in the petition as tenant was just lingering on the matter---Constitutional petition was dismissed in circumstances.