ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.73 of 2010

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

Disposed of Case:

For hearing of CMA No.1636/2018 (Contempt).

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8^th September 2021

Mr. Ghulam Ali Khan, Advocate for alleged Contemnor No.2.

Malik Waseem Iqbal, Advocate for alleged Contemnor No.3.

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No one is in attendance on behalf of the appellant, no intimation is received.

Learned counsel for the alleged contemnors submit that listed application (CMA No.1636/2018) filed under the Contempt of Court Act is misconceived, as the order passed by this Court on 27.11.2012 has not been violated by the alleged contemnors, on the contrary through said order the appeal was dismissed. It has been further contended by the learned counsel that after having filed listed application, appellant and his counsel are not coming forward to proceed with the same and matter is lingering unnecessarily.

Record shows that after having filed listed application, the appellant and his counsel did not pursue the same, appellant is alleging contempt of Court’s order dated 27.11.2012, whereby, instant appeal was dismissed, however, with the observations that the auction-purchasers in respect of four properties may be impleaded as party, in order to safeguard their interest. Prima facie, there seems no mention of nature of violation of Court’s order, if any, in the listed application, whereas, the grievance, if any, could be pressed before the learned Judge in suit reportedly pending. It appears that for this reason, the appellant is not coming forward to proceed with the listed application. Accordingly, listed application is hereby disposed of. However, it is expected that the order passed by this Court, as referred to hereinabove, shall be complied with in letter and spirit by all parties concern.

J U D G E

*Farhan/PS*