ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.45 of 1995

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

For order as to non-prosecution.

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7^th September 2021

Appellant and his counsel are called absent, no intimation is received. On the last date of hearing also, no one was in attendance on behalf of the appellant, whereas, two weeks’ time was granted to pay cost for preparation of paper book and in the meanwhile intimation notice to the counsel and notice to the appellant were issued, however, no one is coming forward to proceed with the matter.

Instant appeal was filed on 21.02.1995 against impugned consolidated judgment dated 17.08.1994 and decree dated 08.09.1994 passed by the learned IInd Senior Civil Judge, Karachi Central, in Suit No.1505/1985 (New No.1100/1988) and Suit No.1951/1985 (Fresh No.1784/1985), whereby, Suit No.1505/1985 for recovery of Rs.412,182.75 was decreed, whereas, Suit No.1784/1985 was dismissed with no order as to costs. However, record reveals that after having filed instant appeal, the appellant has not remained vigilant to pursue the matter, which is pending since 1995 without any useful progress, and is being fixed for order as to non-prosecution, as cost has not been paid for preparation of paper book. It appears that the appellant has lost interest in pursuing instant appeal, which is accordingly dismissed on account of non-prosecution alongwith listed application.

J U D G E

*Farhan/PS*