18 January 2004	Sunday	25 Ziqa'ad 1424

KARACHI, Jan 17: The Sindh High Court adjourned the hearing of a miscellaneous application filed by the deputy speaker Rahila Tiwana for setting aside decree against her in respect of a flat in Clifton area Karachi on request by the counsel.

The rejoinder was filed by Ms Tiwana denying the allegation, cited by decree-holder in counter-affidavit, and pleaded the court to frame the issues and record the evidence.

It was submitted that decree was obtained fraudulently by plaintiff Dr. Shafatullah and Ashiq Hussain and they abused process of law by fetching a peculiar and technical type of fraud to seek exparte judgment.

Her counsel Abdul Waheed stated neither she received any notice in respect of lawsuit against, nor appointed any counsel to contest the same. He stated that her client's absence in a suit proceeding was neither deliberated, nor wailful. It further stated that it was a fit case to conduct an inquiry against respondent.

Justice Sarmad Jalal Osmany of the SHC, by consent, fixed Jan 28, for the next hearing.

On a previous hearing, the decree-holder in its counter-affidavit had submitted that the application filed against decree was an abuse of process of law and liable to be dismissed.

It stated that the applicant failed to produce any documents or evidence in support of her possession of property.

The SHC, earlier, decreed on Oct 31, the flat 421-A Marine Drive Block-2 Clifton in favour of the plaintiff and ordered the court Nazir to hand over property to the plaintiff. The Nazir was also asked to determine rent of flat since April 15, 2001, when suit was filed.

The decree-holder, who is a doctor by profession and was serving abroad stated in his plaint that he purchased the flat and stayed in it during his visit to Pakistan. He alleged that on April 10, 2001, Ms. Tiwana unlawfully occupied his property and refused to vacate the same.

Against the decree of the high court, Ms. Tiwana filed an application in the SHC and stated neither she received any notice in respect of the lawsuit against her, nor she appointed any counsel to contest the same.

She submitted that the decree was passed exparte and claimed that it was obtained fraudulently by the plaintiff, Dr. Shafatullah and her so-called counsel Ashiq Hussain.

The SHC on Dec 2 last directed the SHC Nazir not to take the property decreed against the deputy speaker and ordered to seal the said property.

CHARGE-SHEET: Justice Shabbir Ahmed of Sindh High Court who is also administrative judge of anti-terrorism courts in Karachi accepted the charge-sheet against three kidnappers in a kidnapping for ransom case and referred their case to the ATC-I for trial.

Accused Ms Tahira Yasmeen, Ehsan Illahi and Furqan were arrested by the police on Dec 31.

They are allegedly charged with kidnapping Khawaja Mohammad for ransom on Dec 24 from Saddar area Karachi.-PPI