MUSLIM EDUCATIONAL SOCIETY (Regd.) vs MADINA MASJID
This civil appeal before the Supreme Court of Pakistan arose from a dispute regarding whether the suit property is situated on a sanctioned public street or lane in Khudadad Colony, Karachi. During the hearing, both parties agreed to dispose of the appeal through a directed demarcation by the local government. The core legal question concerned the physical location and status of the suit property vis-a-vis a public street. The Supreme Court held, based on the consensus of the parties, that the City Nazim of the City District Government Karachi shall conduct a demarcation of the property using the specified site plan and submit a report within six weeks. The Court ordered that if the report determines the property is part of the public street, the appeal stands dismissed with costs; otherwise, the appellant retains the right to have the appeal resurrected. The key principle established is the resolution of property location disputes through official demarcation directed by the court upon the consent of the parties.
- Can an appeal regarding the location of a suit property be resolved through a directed official demarcation based on the consent of the parties?
- What procedure is to be followed when the status of a property as part of a public street is disputed?
ORDER
' TASSADUQ HUSSAIN JILLANI, J.---We have heard learned counsel for the parties at some length and have gone through the impugned judgment. Both the learned counsel agreed that this appeal be disposed of in terms of a direction to be given to the City District Government Karachi to have the suit property demarcated with a view to find out as to whether the same is situated on a sanctioned public street/lane in Khudadad Colony adjacent to Quaid-i-Azam Administration Block and if the property is found to be part of the lane, this appeal shall stand dismissed with costs.
Otherwise, the appellant should have a right to have this appeal resurrected.
2. In view of the fair stand taken by the learned counsel for the parties, we are persuaded to direct the City Nazim, City District Government Karachi to have the demarcation carried out by keeping the site plan which is at page 56 of the appeal in view and report as to whether the suit property is part of the public street/lane or not. The report shall be submitted within six weeks of the receipt of this order. If report is to the effect that suit property is part of the street, this appeal shall stand dismissed with costs. Otherwise appellant shall have a right to have this appeal resurrected.
Disposed of.