ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.342 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.2566/2021 (Urgent).

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

3. For order on CMA No.2567/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2568/2021 (Stay).

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24^th December 2021

Mr. Rehman Aziz Malik, Advocate for Appellants.

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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. Through instant High Court Appeal, the appellants have impugned an order dated 05.10.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.489 of 2019, whereby, according to learned counsel for appellants, without hearing the appellants an exparte ad-interim order has been passed; directing the office to prepare preliminary decree in respect of the subject property, which according to learned counsel for appellant, is not fully owned by the respondents and there is a dispute with regard to 50% claim of the respondents. It has been contended by the learned counsel for appellants that pursuant to the aforesaid order, Nazir is proceeding further to sell out the subject property in which the appellants and respondents are residing, whereas, no notice has been served upon the appellants in the aforesaid suit filed by the respondents, seeking declaration, partition, permanent injunction and damages. Per learned counsel, in a suit seeking declaration in respect of the property, which is under dispute, order for preparation of a preliminary decree is not tenable in law.

Let pre-admission notice be issued to the respondents, to be served through first thee modes, for 13.01.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellants. However, till next date of hearing, the operation of the impugned order shall remain suspended.

J U D G E

*Farhan/PS*