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Suit Nos. 630 of 1981 and 210 of 1982, decided on 23rd October, 1986.

‑‑‑0. XXIII, R. 3 & 0. XXXII, R. T‑‑Parties filing a compromise application in Court stating that their disputes in suit had been settled between them on terms and conditions mentioned in compromise application‑‑Terms and conditions mentioned appearing lawful and going in the interest of minors who were parties in suit and settling all disputes including criminal proceedings between them‑‑Parties present in Court admitting terms of compromise and undertaking that they would not litigate in any manner in future in respect of settlement recorded by them‑‑Suit disposed of in terms of compromise.‑‑[Compromise].

Khalilur Rehman for Plaintiffs (in Suit No. 210 of 1982).

Khalilur Rehman for Defendants No. 1 to 8 (in Suit No. 630 of 1981).

Wajihuddin Ahmad for Defendant No. 8 (in Suit No. 210 of 1982) and for Plaintiff (in Suit No. 630 of 1981).

Makhdoom Ali Khan for Fazale Ghani Khan Defendant No. 3 (in Suit No. 210 of 1982).

Sh. Muhammad Asghar for Defendants Nos. 1 and 2 and 4 to 6 (in Suit No. 210 of 1982).

The parties have filed a compromise application duly signed by them as well as their respective counsel stating that the suits mentioned above have been settled between them on the terms and conditions mentioned in the compromise application outside the Court. There are two applications filed on behalf of the minors and defendant S.M. Ayub by the plaintiffs in Suit No. 210 of 1982 and by Nazir of this Court seeking permission to enter into compromise in the above suits. I have gone through the applications under Order XXXII, Rule 7, C.P.C. filed on behalf of the minors as well by the Nazir on behalf of S.M. Ayub and after going through the same I am satisfied that the compromise entered into in the above two suits finally settles the disputes between the parties and that the terms of the compromise are in the interest of the minors and the said S.M. Ayub. I accordingly grant necessary permission to the minors as well as to the Nazir of this Court to enter into the compromise. The terms of the compromise appear to be lawful and it is accordingly recorded. In terms of paragraph 5(e) of the terms of settlement filed by the parties Nazir is appointed as a Receiver to take over possession of plot bearing No. L‑34, Block 22, Federal "B" Area, Karachi with all the construction standing thereon and to finalise the sale in favour of defendant S.M. Arshad in suit No. 210 of 1982 in accordance with the terms of the compromise. The parties who are present in Court admit the terms of the compromise. It may be mentioned here that there are as many as four criminal proceedings are pending between the parties in different Courts of A . C . M . and S . D . M . concerned. As a result of the compromise recorded today all the disputes including the criminal proceedings mentioned above stand settled and the parties undertake before me to take such necessary steps as may be required under the law to get those proceedings either withdrawn or compounded before the Courts concerned. In one of the criminal cases pending in the Court, complainant Muhammad Ashraf who is not party in these suits is directed in terms of this compromise to present necessary application for compounding the proceedings pending in Court. The party having control over the said Muhammad Ashraf shall be responsible for producing him in Court .within one month from today. The parties agree that by this settlement all disputes pending between them stand settled and they have no claim of any nature against each other. The parties also undertake before me that they will not litigate in any manner in future in respect of the settlement which is recorded today. One of the properties mentioned in the compromise namely, Jawaid Impex is presently lying locked. The Nazir is appointed as Commissioner to open the said property and after preparing inventory of the goods lying therein the possession will be handed over to the plaintiffs in Suit No. 210 of 1982. The parties are directed to deposit tentatively a sum of Rs.1,500 each initially to cover the expenses of Nazir.

There are two references in the above suits made by the Nazir praying that the Advocate appointed by him to look after the interest of S.M. Ayub has asked for further fee. A sum of Rs.1,000 has been paid so far in respect of the two cases to Mr. Ahmad Saeed Qureshi, by the Nazir in connection with the defence in the above suits. I direct the plaintiffs in suit No. 210 of 1982 and plaintiff in suit No. 630 of 1981 to deposit a further sum of Rs.500 each for payment to the Advocate.

If any of the parties mentioned above are in possession of any original document relating to property L‑34 the same shall be surrendered to the Nazir.

Both the suits mentioned above are accordingly disposed of in terms of above compromise. Decrees to follow accordingly.

M.Y.H./5148/K Suit decreed accordingly.

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