ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.158 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.2365/2021 (Urgent).

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

3. For order on CMA No.2095/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2096/2021 (Stay).

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9^th December 2021

Mr. Mustafa Lakhani, Advocate for Appellant.

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1. Urgency granted.

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

3. Exemption granted, but subject to all just exceptions.

4&5. Instant High Court Appeal arises against judgment dated 08.07.2021 and decree dated 17.07.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.1417 of 2017, whereby, according to learned counsel, the learned Single Judge after hearing the suit filed by the appellant seeking specific performance of contract has been dismissed. Learned counsel for the appellant submits that pursuant to execution of the sale agreement, an amount of Rs.150,000/- was paid to the respondent, who handed over the possession the subject property to the appellant, however, since the needful was not done by the respondent for the purpose of execution of the sale before the concerned Society and the appellant filed aforesaid suit for specific performance of the contract, which has been dismissed through impugned judgment while holding that the same was time barred.

Let pre-admission notice be issued to the respondents, to be served through first thee modes, for a date to be fixed after four weeks, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant.

J U D G E

*Farhan/PS*