IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.  179 / 2008

ORDER WITH THE SIGNATURE OF THE JUDGE

For Katcha Peshi.

21.5.2009

                        None present for the appellants .

Mr.  Shaikh Riaz, advocate for CDGK.

Mr. Tasawwar Hussain, advocate for respondent No. 14.

Mr. Abid S. Zuberi, advocate for respondents No. 17 to 21.

Although intimation notices issued to the appellants in pursuance of the order dated 24.2.2009, on which date the counsel for the appellants Mr. Naim-ur-Rahman, advocate, was allowed to withdraw his vakalatnama,  have been served and such fact has been recorded in the order dated 07.4.2009, however, neither on that date nor today,  the appellants or  their counsel are in attendance.

Mr. Abid S. Zuberi, advocate for respondents No. 17 to 21 submits before us a photocopy of the certified copy of order dated 16.2.2009 passed by the learned Single Judge of this Court whereby the appellants’ suit bearing No. 299/2007 wherein the order impugned through the present petition was passed, has been dismissed for non-prosecution.  Since after the dismissal of the said suit,  this appeal has become infructuous.  The appeal is dismissed, as such.

                                                                                                                         J U D G E

J U D G E                               

Zahidbaig