ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.250 of 2021

___________________________________________________________________                                        Date                                      Order with signature of Judge 

___________________________________________________________________ 

FRESH CASE:

1. For order on CMA No.2201/2021 (Urgent).

2. For order on CMA No.2202/2021 (Limitation).

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

4. For order on CMA No.2203/2021 (Exemption).

5. For hearing of main case.

6. For order on CMA No.2204/2021 (Stay).

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23^rd November 2021

Mr. Waseem Shaikh, Advocate for Appellants.

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1.         Urgency granted.

3.         Deferred.

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

2,4&5.  Instant High Court Appeal has been filed against an order dated 10.09.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.Nil of 2021 (Re: Adnan Ayub Ali & others vs. Pakistan Defence Officers’ Housing Authority and another), whereby, according to learned counsel for appellants, while issuing notices to the defendants learned Single Judge has been pleased to pass restraining order against the appellant to the effect that no adverse/coercive action may be taken against the plaintiffs/respondents till next date of hearing. Learned counsel for the appellants submits that the impugned order has been passed without hearing the appellants/defendants, whereas, a legal proceeding initiated against the respondents has been stayed.

            Mr. Mujtaba Sohail Raja, Advocate has shown appearance on behalf of the respondents, as notice under Order XLIII Rule 3 CPC has been served upon the respondents.

            It appears that instant High Court Appeal has been filed after expiry of limitation, whereas, from perusal of impugned order passed by the learned Single Judge, it has been observed that on the first date of hearing i.e. on 10.09.2021 after recording the contentions of the counsel for plaintiffs notices have been ordered to be issued to the defendants for 04.10.2021, who have been restrained from taking any adverse/coercive action against the plaintiffs till next date of hearing, whereas, no final order has been passed either in the suit or on the injunction application.

            Learned counsel for the appellants was enquired as to whether the appellants have filed any reply to the injunction application or has filed any application of modification or vacation of stay under Order XXXIX Rule 4 CPC. In response to such query, learned counsel for the appellants has candidly stated that application under Order XXXIX Rule 4 CPC has been filed by the defendants/appellants, on which notice has been issued and now the suit is fixed for hearing on 26.11.2021.

            In view of hereinabove facts and circumstances of the case, we are of the opinion that since no final order has been passed on the injunction application, whereas, while issuing notices learned Single Judge has exercised the discretion to grant ad-interim relief to the aggrieved party and restrained the defendants not to pass any final adverse/coercive order till next date of hearing, which is fixed before learned Single Judge for hearing on 26.11.2021. The appellants are at liberty to file reply to the injunction application or to file application for recalling or modification of the impugned order, therefore, instant appeal being time-barred is premature. Accordingly, instant High Court Appeal is disposed of with the directions to the appellants to appear before the learned Single Judge and raise all such factual and legal grounds for seeking appropriate order in accordance with law.         

      J U D G E

J U D G E

*Farhan/PS*