ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Mahmood A. Khan

H.C.A. No.79 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.469/2022 (Urgent).

2. For order on CMA No.470/2022 (Exemption).

3. For hearing of main case.

4. For order on CMA No.471/2022 (Stay).

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16^th February 2022

Mr. Ahmed Ali Hussain, Advocate for Appellant.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Instant High Court Appeal has been filed against an order dated 07.02.2022 passed by the learned Single Judge of this Court in Suit No.Nil of 2022 [Mr.Abrar Patel v. Mr. Bilal Ghani & others], whereby, while issuing notices and passing ad-interim order on the injunction application, further directions have been issued to the appellant to deposit balance amount before the Nazir of this Court within four weeks. Learned counsel for the appellant submits that though injunctive relief has been granted to the appellant through impugned order, however, further directions for depositing balance sale consideration was not warranted under the facts and circumstances of instant case, as according to learned counsel, respondents, in order to frustrate the agreement executed between the appellant and the respondents, have started frivolous litigation amongst themselves by filing a Suit No.737/2021, therefore, there is possibility that it will result in delay and, therefore, the amount of balance sale consideration directed to be deposited will remain stuck in Court. It has been further contended by the learned counsel for appellant that in a suit seeking specific performance of an agreement, deposit of entire sale consideration is not the legal requirement as held by the Hon’ble Supreme Court of Pakistan in the case of MUHAMMAD ASIF AWAN v. DAWOOD KHAN AND OTHERS (2021 SCMR 1270).

We have heard the learned counsel for the appellant and perused the order impugned through instant High Court Appeal, which prima facie appears to be ad-interim order, whereas, interim relief has been granted to the appellant, however, the grounds agitated through instant appeal appears to have not been argued before the learned Single Judge of this Court who has not recorded any finding in this regard, therefore, instant appeal appears to be premature. Accordingly, it will be appropriate, if the appellant may approach the learned Single Judge seeking recalling or modification of the order impugned through instant High Court Appeal to the extent of directions to deposit balance sale consideration, by filing appropriate application, whereas, the learned Single Judge may pass appropriate order on such application after hearing the parties in accordance with law, keeping in view the judgments of Superior Courts, including the judgment as cited by the learned counsel for the appellant.

Instant High Court Appeal stands disposed of alongwith listed application in the above terms.

At this juncture, learned counsel for the appellant submits that appellant will file appropriate application before the learned Single Judge within seven days, however, requests that till decision by the learned Single Judge on such application, no adverse inference may be drawn against the appellant if the amount is not deposited pursuant to the impugned order. Order accordingly.

Instant High Court Appeal stands disposed of accordingly.

J U D G E