ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. S – 1659 of 2014

Date of hearing

Order with signature of Judge

Hearing of case (priority)

1. For hearing of CMA No.5473/2014 (Stay)

2. For regular hearing of main case

(Amended title filed)

26.10.2018

Mr. Yousuf Ali, Advocate for the petitioner.

Mr. Raj Kumar D. Rajput, Advocate for respondents 1(i) to (ix).

Mr. Zulfiqar Ali Naich, Assistant Advocate General Sindh.

.-.-.-.-.-.-.-.-.-.-

This petition is against the interim order passed on an application filed by the petitioner for the dismissal of the rent application. He is alleging to be a co-owner. A detailed order has already been passed which is impugned in these proceedings. This petition is not maintainable as is being filed against the interlocutory order and the statue does not provide a remedy of appeal. He does not dispute the jurisdiction as he himself filed an application for the rejection / dismissal of the rent application after surrendering himself before the Rent Controller. He may, however, at his liberty to lead evidence before the Rent Controller as deemed fit and proper. Both learned counsel have informed that his side to lead evidence has been closed. The counsel appearing for respondents has shown his grace that he would not object for the reopening his side, and he may lead evidence. Accordingly, this petition being devoid of merit and also on account of maintainability is dismissed. The petitioner, however, may move an application for reopening his side which may be considered by the Rent Controller as the respondent who has moved an application under the Sindh Rented Premises Ordinance has no objection for the reopening his side. In case, the side is restored on an application moved by the petitioner, the case be concluded preferably within three (03) months.

The petition stands disposed of along with the listed application in the above terms.

J U D G E

Abdul Basit