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[Karachi]
Before K. A. Ghani, ,l
FAQIR HUSSAIN & Co.‑Appellant
versus
ASGHAR ALI GHULAM HUSSAIN ANTRIA
AND OTHERS‑Respondents
Civil Miscellaneous Application No. 3308 of 1981, in Second Appeal No. 265 of 1974, decided on 16th December, 1981.
‑‑ S. 15‑Ejectment‑Second Appeal‑Appellant standing ejected on demolition of building by Karachi Development Authority‑ Appeal becoming infructuous dismissed as withdrawn.
Aftab Kizalbash for Appellant.
Moniruddin for Respondents.
Date of hearing : 16th December, 1981.
This is an application filed by the learned Advocate for the res pondent praying therein that the appeal be dismissed as having become infructuous on the ground that the demised building/premises does not exist as the same has already been demolished by the Karachi Deve lopment Authority and that all the tenants (including appellants) stand ejected therefrom.
2. Without going into the merits of the case and without preju dice to the rights of the appellants the learned counsel for the appel lants concedes that the appeal has become infructuous. He however, submits that the appellants would seek other legal remedies, which may be available to them in the circumstances of the case.
The learned counsel for 'appellants accordingly does not oppose the application to the extent that the appeal has become infructuous.
3. The application (C. M. A. 3308/81) is granted and the appeal is accordingly dismissed.
C. M, A. No. 3408/81‑In the circumstances mentioned in the above order passed on C. M. A. No. 3308/81, the learned counsel for the appellants, withdraws this application. Application is dismissed.
M.Y.H. Orders accordingly.
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