ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Spl. H.C.A. No.333 of 2014

___________________________________________________________________                                        Date                                      Order with signature of Judge 

___________________________________________________________________ 

HEARING / PRIORITY CASE:

1. For order on office objection as at flag ‘A’.

2. For order on CMA No.3488/2014.

3. For hearing of main case.

4. For hearing of CMA No.3489/2014.

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Dated; 13^th December 2022

Mr. Waqar Ahmed alongwith Mr.Hashmatullah, Advocate for Respondent No.1.

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            No one is in attendance on behalf of the appellant, no intimation is received. Record shows that after having filed instant High Court Appeal, counsel for the appellant has not remained vigilant to proceed with the matter, whereas, instant appeal is pending since 16.12.2014, however, without any useful progress. On the previous date of hearing also, no one was in attendance on behalf of the appellant and the following was passed: -

            “None present for the appellants, no intimation is received. It appears that counsel for the appellants, who comes from Lahore is not in attendance and no adjournment has been sought on his behalf. Learned counsel for the respondent No.1 submits that instant matter is pending since 2014 without any useful progress as the appellants and their counsel are not proceeding with the matter.

As an indulgence and last chance, we are adjourning this matter to 13.12.2022, when the counsel for the appellants shall come prepared to proceed with the matter or alternate arrangement shall be made. If on the next date of hearing, no one will appear on behalf of the appellants, instant Special High Court Appeal will be dismissed for     non-prosecution.

Office is also directed to issue intimation notice to the counsel for the appellants well in advance for the next date of hearing.”

            It appears that intimation notice was issued to the out stationed counsel, however, inspite of such fact, no one has shown appearance nor any intimation is received.

            Learned counsel for the respondent No.1 submits that the impugned judgment and decree do not suffer from any factual error or legal infirmity, therefore, the appellant has not been able to obtain any restraining order, whereas, no one is coming forward on behalf of the appellant to pursue instant appeal.

Since the appellant and his counsel are not coming forward to pursue with the matter, therefore, this Court has left with no option, but to dismiss instant High Court Appeal on account of non-prosecution alongwith listed application. 

J U D G E

            J U D G E

*Farhan/PS*