ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.36 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.223/2022 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.224/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.225/2022 (Stay).

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31^st January 2022

Mr. Abid S. Zuberi alongwith Mr. Ayan Memon, Ms. Menahil Malik & Amna Khalil, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objections before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Through instant High Court Appeal, the appellant has impugned an order dated 07.01.2022 passed by the learned Single Judge of this Court in Suit No.2940 of 2021, whereby, according to learned counsel for the appellant, ad-interim order passed on 10.12.2021 has been modified on an application filed by the proposed intervenor, who was not even party in the said suit. According to learned counsel for the appellant, against the order passed by the learned Single Judge on 10.12.2021 same proposed intervenor preferred a High Court Appeal No.356/2021, which was finally disposed of by this Court vide order dated 10.01.2022 in view of the statement made by the learned counsel for proposed intervenor that since on an application filed by the respondent under Order XXXIX Rule 4 CPC, the aforesaid order has been modified. However, according to learned counsel, while disposing of the aforesaid High Court Appeal the learned Divisional Bench of this Court was pleased to observe that since no final order has been passed after hearing the learned counsel for the parties on the injunction application, therefore, the parties will be at liberty to approach the learned Single Judge, who may pass appropriate order on the injunction application in accordance with law. According to the learned counsel for the appellant, such facts were not disclosed by the respondent before the learned Single Judge, who, while issuing notices to the parties, has been pleased to modify ad-interim order passed on 10.12.2021 without deciding the fate of the injunction application filed by the appellant despite of specific directions of this Court dated 10.01.2022. Per learned counsel, unless the proposed intervenor is impleaded as party after having recognized his right and interest in the suit, such order is otherwise not tenable in law.

Let pre-admission notice be issued to the respondents as well as D.A.G., to be served through first three modes, for 15.02.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant. However, till next date of hearing, the operation of the impugned order shall remain suspended.

J U D G E