ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.343 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2569/2021 (Urgent).

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

3. For order on CMA No.2570/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2571/2021 (Stay).

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24^th December 2021

Mr. Saadat Yar Khan, Advocate for Appellants.

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1. Urgency granted.

2. Learned counsel for the appellants 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 14.12.2021 passed by the learned Single Judge, on the original side, of this Court in J.M. No.12 and 27 of 2021 arising out of Suit No.2452 of 2017 filed by the respondent No.1 seeking possession, declaration, permanent injunction, mesne profit, recovery and damages in respect of the subject property i.e. Petrolpump. According to learned counsel for the appellants, respondents No.2&3, the parents of appellant No.1, who were licensee and operating subject petrolpump, however, after their death, appellants are in possession and operating the petrolpump under a valid license, however, through impugned order Nazir has been appointed as Receiver, whereas, legal heirs of the respondents/defendants No.2&3 have not been impleaded as a party on behalf of their deceased parents despite specific direction of the Court in the aforesaid suit. According to the learned counsel for appellants, unless the appellants are joined as party in the aforesaid suit and to defend their case, whereas, the impugned order has caused serious prejudice to their right and interest in the suit and also caused hindrance in carrying on their lawful business on the subject petrolpump.

Mr. Abdullah Munshi, Advocate has shown appearance and files vakalatnama on behalf of the respondent No.1 alongwith statement and annexures, waives notice of instant appeal, claims its copy alongwith annexures and requests for time to file objection/reply. However, he submits that pursuant to the impugned order passed by the learned Single Judge, respondent No.1 was directed to bring on record the legal heirs of the respondents No.2&3 and the respondent No.1 has filed an appeal, which was disposed of with the directions to the respondents to file review application before the learned Single Judge, which according to learned counsel for respondent No.1, was allowed vide order dated 30.04.2021, therefore, it was incumbent upon the appellants to file an application under Order XXII Rule 4 CPC to be impleaded as the legal heirs of respondents No.2&3 as parties in the proceedings. It has been further contended by the learned counsel that even the license for carrying on business of petrolpump by the appellants has expired.

Let notice of instant appeal may be served upon the remaining respondents, to be served through first three modes, for 12.01.2022, when objections/reply, if any, shall be filed by the respondents before next date with advance copy to the learned counsel for the appellants. However, till next date of hearing, the operation of the impugned order shall remain suspended and if, the Nazir has acted upon the impugned order and has sealed the subject petrolpump, same may be de-sealed and the possession may be handed over to the appellants.

At this juncture, learned counsel for the respondent No.1 submits that the subject property/petrolpump has already been sealed by the Deputy Commissioner, Karachi Central on the directions of the Department of Explosives, Ministry of Energy (Petroleum Division), Government of Pakistan vide its letter dated 03.12.2021. This aspect of the matter will be examined on the next date of hearing, when learned counsel for the appellants shall come prepared to assist this Court in this regard. No unnecessary adjournment on any ground whatsoever will be granted.

J U D G E

*Farhan/PS*