ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.204 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.2066/2021 (Urgent).

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

3. For order on CMA No.2067/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2068/2021 (Stay).

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8^th November 2021

Mr. Kh. Shams-ul-Islam, 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 an order dated 20.09.201 passed by the learned Single Judge, on the original side, of this Court in Suit No.719 of 2019 filed by the appellant seeking declaration, injunction, recovery of amount, damages, specific performance and directions against the respondent No.1 and Suit No.1386 of 2019 filed by the respondent No.1 against the appellant seeking declaration, injunction, specific performance and recovery of amount, whereby, according to learned counsel, injunction application filed by the appellant bearing CMA No.6164/2019 has been dismissed, whereas, injunction application filed by the respondent No.1 bearing CMA No.11340/2019 has been allowed to the extent that Azam / respondent No.1 shall not be dispossessed by Yasmeen / appellant from the two rooms in his occupation at the mezzanine floor of the suit building except with due process of law. Learned counsel for the appellant submits that respondent No.1 has no right or title on the subject property and therefore, was not justified even to claim possessory right over such property, therefore, learned Single Judge was not justified to dismiss the injunction application of the appellant, who is admittedly the owner of subject property, and to grant the injunction application filed by the respondent No.1 through impugned orders.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 25.11.2021, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant.

J U D G E

*Farhan/PS*