ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.21 of 1993

___________________________________________________________________ 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. Instant appeal was filed on 15.02.1993 against impugned judgment dated 15.12.1992 and final decree passed by the learned Banking Tribunal No.II at Karachi in Suit No.47/1992 filed by the appellant bank against the respondent, which was decreed in favour of the appellant in the sum of Rs.365,278/- with future markup at the agreed rate from the date of decree till realization and the final decree for the sale of mortgaged immovable property of the defendant No.2 was also passed for the recovery of the decreetal amount, which is not paid.

Record reveals that after having filed instant appeal, the appellant has not remained vigilant to pursue the matter, which is pending since 1993 without any useful progress, whereas, after admission of instant appeal for regular hearing, cost has not been paid and duplicate set has not been supplied for preparation of paper book. On the last date of hearing also, no one was in attendance and the matter was adjourned in the interest of justice for compliance within two weeks, whereas, intimation notice to the counsel and notice to the appellant were issued, however, no one is coming forward to proceed with the matter. 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*