ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.268 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2240/2021 (Urgent).

2. For order on CMA No.2241/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.2242/2021 (Stay).

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30^th November 2021

Mr. Muhammad Aqil, Advocate for Appellant.

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1. Urgency granted.

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

3&4. Instant High Court Appeal has been filed against an order dated 05.11.22021 passed by the learned Single Judge, on the original side, of this Court in Suit No.1409 of 2009, whereby, according to learned counsel, inspite of the fact that the aforesaid suit which was fixed for examination of parties/settlement of issues has been dismissed by the learned Single Judge while placing reliance on Nazir’s report dated 22.10.2018 without framing issues and recording evidence, whereas, according to learned counsel, the latest construction and violation, if any, on the subject plot has not been taken into consideration. It has been contended by the learned counsel for appellant that since the matter was fixed only for examination of the parties/settlement of issues, therefore, the learned Single Judge was not justified to dismiss the suit while treating as short cause without putting the parties on notice, whereas, the imposition of cost otherwise is arbitrary and unwarranted.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 16.12.2021, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant. In the meanwhile, the operation of the impugned order to the extent of imposition of cost of Rs.50,000/- shall remain suspended till next date of hearing.

J U D G E

*Farhan/PS*