ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.306 of 2014

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

For order as to non-prosecution of appeal.

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26^th October 2021

Syed Aminuddin, Advocate for Respondent No.3.

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No one is in attendance on behalf of the appellant, no intimation is received. The matter is being fixed for order as to non-prosecution, as cost has not been paid nor copy supplied. It has been observed that in the instant High Court Appeal on 02.03.2015, notices were ordered to be issued to the respondents, however, the appellant has not deposited cost nor supplied the copies for issuing Notice to respondents, and the matter is being fixed for order as to non-prosecution. Instant appeal was filed on 26.11.2014 against an order dated 05.11.2014 passed by the learned Single Judge of this Court in Suit No.1257 of 2004, whereby, the application filed by the appellant with a prayer to direct inspection of the subject property has been dismissed, while observing that in a suit for specific performance, under the facts and circumstances of the case, inspection was not necessary.

Prima facie, we do not find any error or illegality in the impugned order, whereas, appellant and his counsel are not coming forward to pursue this appeal, which is pending since 2014 without any useful progress. Accordingly, instant appeal is dismissed on account of non-prosecution.

J U D G E

*Farhan/PS*