ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.339 of 2021

___________________________________________________________________                                        Date                                      Order with signature of Judge 

___________________________________________________________________ 

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Mr. Justice Abdul Mobeen Lakho

HEARING / PRIORITY CASE:

1. For order on office objection a/w reply as at ‘A’.

2. For hearing of main case.

3. For hearing of CMA No.2556/2021 (Stay).

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28^th March 2022

Mr. Mujtaba Sohail Raja, Advocate for Appellants.

Mr. Muhammad Ghaffar Khan Kakar, Advocates for Respondents No.1&2 alongwith Respondent No.2.

Respondent No.10 is present in person.

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            After arguing the matter at some length and while confronted to point out any factual error or illegality in the impugned order dated 17.12.2021 passed by the learned Single Judge of this Court in Suit No.2569 of 2014, whereby, the directions have been issued to the Commissioner to record evidence, whereas, no adverse order on the pending applications of the appellants appears to have been passed, learned counsel for the appellants submits that appellants will be satisfied and will not press instant High Court Appeal provided; adverse observation made by the learned Single Judge on the pending application of the appellants i.e. C.M.A. No.15403/2021 seeking recalling of order dated 08.11.2016, whereby, the appellants were debarred from filing written-statement, may be set aside and the learned Single Judge may be directed to decide the aforesaid application as well as other pending applications after hearing the parties on merits without being influenced by such adverse observations, as referred to hereinabove.

            Learned counsel for the respondents No.1&2 and the respondent No.10 present in Court do not oppose disposal of instant High Court Appeal in the above terms.

            Accordingly, instant High Court Appeal stands disposed of with the directions to the counsel for the appellants to proceed with the matter before the learned Single Judge, who may decide pending applications of the appellant, including C.M.A. No.15403/2021 after hearing the parties on merits without being influenced by the adverse observations made in the impugned order, preferably, within a period of two weeks from the date of hearing of such pending applications. 

            Instant High Court Appeals stands disposed of in above terms.  

  J U D G E

J U D G E