ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.255 of 2016

___________________________________________________________ Date Order with signature of Judge

___________________________________________________________

Hearing / Priority Case:

1. For hearing of main case.

2. For hearing of CMA No.3031/2016.

3. For order on Nazir Report dated 15.9.2016.

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20^th February, 2018

Malik Naeem Iqbal, Advocate for Appellant.

Khawaja Shams-ul-Islam, Advocate for Respondent No.1.

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After hearing the learned counsels for the parties at some length, by consent instant High Court Appeal is disposed of in the following terms: -

i. Impugned order dated 05.09.2016 passed ex-parte on application under Order 40 Rule 1 CPC r/w Section 151 CPC (CMA No.12690/2016) is set-aside.

ii. Learned counsels for the parties are directed to appear before the learned Single Judge of this Court in Suit No.325 of 2014 [Venus Pakistan (Pvt.) Limited vs. Pakistan Defence Officers Housing Authority and others], which, according to learned counsel for respondent No.1, is fixed for hearing of applications on 27.02.2018 at 11:00 A.M., who shall hear and decide the CMA No.12690/2016 as well as the injunction application (CMA No.2151/2017) after notice to the parties.

iii. It is expected that aforesaid applications shall be finally heard within a period of 15 days from the date of hearing i.e. 27.02.2018, whereas, the learned Single Judge will be at liberty to proceed with the hearing of aforesaid applications either on day to day basis and/or at short intervals, when learned counsels for the parties shall also ensure their appearance and will not seek adjournment(s) on any ground whatsoever. It is further expected that the decision of the aforesaid applications shall be given, preferably, within a period of two months from the date of this order. In the meanwhile, both the parties are directed to ensure compliance of all the orders passed so far by the learned Single Judge of this Court in the aforesaid suit, failing which, learned Single Judge would be at liberty to pass appropriate order(s) in accordance with law.

Instant High Court Appeal stands disposed of in the above terms alongwith listed application(s).

J U D G E