ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.299 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.2389/2021 (Urgent).

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

3. For order on CMA No.2390/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2391/2021 (Stay).

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10^th December 2021

Mr. Muhammad Yaseen Azad, 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 has been filed against a short order dated 01.12.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.435 of 2019, whereby, according to learned counsel, CMA No.3564/2019 filed under Order XXXIX Rules 1&2 CPC by the appellant has been dismissed through short order, however, without recording any reasons. According to learned counsel for the appellant, interim order was operating in the aforesaid suit to the effect that the respondents/defendants will not create any third party interest in the subject property, however, through impugned short order, such order has been recalled and the application filed by the appellant under Order XXXIX Rules 1&2 CPC has been dismissed. Learned counsel for the appellant submits that the appellant has filed a suit seeking cancellation of registered sale deed executed between the respondents No.2 and 3, who are father and son and also trustees of Waqf-ul-Aulad Trust and the subject property viz. Plot Nos.50/3, 50/2/1, 50/2/2/, 50/2/3 and 50/2/5, which were amalgamated and renumbered and measured as residential open plot No.50/3/1 measuring 5558.5 sq.yds. and Plot No.50/2/2, measuring 5558.5 sq.yds. total measuring 11,117 square yards situated at Garden East Quarters, Karachi was trust property, which could not be sold out without permission of the Court. Per learned counsel, respondents intend to raise multi-storey building on the trust property, and have applied for approval from the Sindh Building Control Authority and there is likelihood that in view of the short impugned order, they will start to raise construction on the trust property and will create third party interest, hence the suit filed by the appellant would become infructuous. It has been prayed that the operation of impugned short order may be suspended.

It appears that instant High Court Appeal has been filed against a short order, whereas, there are no reason available, therefore, legality or otherwise of impugned order could be examined. Learned counsel for the appellant submits that reasons of said short order will be placed on runs as soon the same are received from the Court, however, prays that notice of instant appeal may be issued to the respondents and the operation of the impugned short order may be suspended.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 20.12.2021, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant. However, till next date of hearing, status quo in respect of subject property shall be maintained.

J U D G E

*Farhan/PS*