ORDER SHEET

HIGH COURT OF SINDH AT KARACHI

C.P.No.D-698 of 2013

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Date Order with signature of Judge

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For Direction

1. For hearing of CMA No.6324 /16 (Contempt)

2. For hearing of CMA No.22727/15 (9 Rule 9)

(Report of Roster and C/A filed as flagged)

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09.03.2017.

Mr. Pervez Iqbal Butt, Advocate for the petitioner.

Mr. Rao Sarfaraz, Advocate for respondent /SBCA.

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1. Adjourned.

2. Learned counsel states that the matter was fixed for hearing on 03.09.2015 before the Division Bench headed by Mr. Justice Munib Akhtar at serial No.10, however the board was transferred to the Division Bench headed by Mr. Justice Muhammad Shafi Siddiqui. Counsel states that the Reader of Mr. Justice Muhammad Shafi Siddiqui told the petitioner that the cases at serial No.1 to 15 were transferred to the Court of Mr. Justice Muhammad Ali Mazhar. The counsel stated that the petitioner remained in the Court of Mr. Justice Muhammad Ali Mazhar however the matter was not called. The petitioner then came back to the Court of Mr. Justice Shafi Siddiqui and again asked from the Reader about the said serial number, who told him that the said petition has been dismissed for non-prosecution. Counsel states that along with the instant application an affidavit has been appended for affirming the facts as disclosed above. He therefore prayed for restoration of the petition. Since according to him due to the circumstances beyond his control the matter was dismissed for non-prosecution. The learned counsel has further stated that no time was wasted in filing the instant application as the same was filed the very next day the instant petition was dismissed for non-prosecution. The learned counsel requests that the instant application may be allowed and the petition may be restored to its original position.

Counsel for respondent has no objection for grant of this application. The instant application is allowed and the petition is restored to its original position.

JUDGE