ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.137 of 2014

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

Hearing / Priority Case:

1. For order on office objection as at “A”.

2. For hearing of main case.

3. For hearing of CMA No.1279/2014.

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31^st August 2021

Mr. Muhammad Vawda, Advocate for Appellant.

Mr. Asadullah Shar, Advocate for Respondent No.2.

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Learned counsel for the appellant submits that in view of the order passed by this Court dated 13.05.2014, whereby, Nazir was directed to carry on the functions as per the mandate given by the learned Single Judge vide orders dated 17.04.2014 and 29.04.2014, with further directions not to undertake the exercise to ascertain the status of duration of lease of the subject plot, the Nazir has carried out such exercise functions, except ascertainment the status of duration of lease, which according to learned counsel for the appellant, was beyond the mandate of the consent order passed by the learned Single Judge to this effect. Learned counsel for the appellant further submits that instant appeal is pending since 2014, whereas, respondents No.1&3 are not coming forward to contest instant appeal, despite service through all modes, therefore, requests that instant High Court Appeal may be disposed of with a clarification that in case, if any, need so arises for adjudication of dispute between the parties, to ascertain the status of duration of the lease of the subject plot, this aspect of the matter may be examined by the learned Single Judge in the suit at the time of final judgment and decree.

Learned counsel for the respondent No.2 does not oppose disposal of instant High Court Appeal in the aforesaid terms. Accordingly, instant High Court Appeal stands disposed of alongwith listed application in the above terms.

J U D G E

*Farhan/PS*