KARACHI: M/s A.S Marine Enterprises has approached the Sindh High Court (SHC) and filed constitutional petition challenging impugned judgment of trail court over eviction of its land by Trustees of Port of Karachi.
On 22 September 2020, counsel for the petitioner submitted that petitioner was allotted plot no: C-2 measuring 633 square meters situated at Boat Building Yard, West Wharf, Karachi and since then the petitioner is in lawful possession of the aforesaid property.
He further submitted that petitioner accepted the allotment and the petitioner also paid the security despite and other charges which were duly accepted by the respondents and petitioner also paid the lease charges.
Counsel argues that Trustees of Port of Karachi filed the complaint before the trail court for seeking eviction and after the hearing arguments, the learned trail court dismissed the complaint, therefore, respondent filed an appeal against dismissal of its complaint before appellate court which was allowed without discussing the judgment passed in original complaint.
Counsel stated that impugned judgment dated August 31, 2020 in appeal no 52/2019 in mechanical as hasty manner, the same is not speaking and judgment, hence liable to be set aside.
Citing Trustees of the Port of Karachi, Additional District Judge—X Karachi West and Judicial Magistrate West as respondents, petitioner pleaded the court to declare that the board resolution no 294 dated Jan 30, 2020 is passed to defeat the justice, mala-fide and having no legal effect.
He further pleaded the court till the disposal of instant petition the operation of the impugned judgment dated August 31, 2020 may kindly be suspended.