ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.11 of 2020

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

Hearing / Priority Case:

1. For order on CMA No.677/2022.

2. For order on CMA No.306/2022.

3. For order on Nazir Report dated 07.02.2022.

4. For order on Nazir Report dated 08.01.2022.

5. For hearing of main case.

6. For hearing of CMA No.306/2020.

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Dated; 4^th October 2022

Syed Daanish Ghazi, Advocate for Respondent No.1.

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Appellants and their counsel are called absent, no intimation is received. On the previous date of hearing also, no one was in attendance on behalf of the appellants and the matter was adjourned in the interest of justice, however, with caution that if nobody appears on behalf of the appellants on the next date instant appeal may be dismissed for non-prosecution. Record further reveals that the counsel for the appellant has remained absent on number of occasions, whereas, the stay operating in the instant appeal was recalled on account of continuous absence of the counsel for the appellants.

Learned counsel for the respondent No.1 submits that the judgment and decree passed against judgment-debtors have attained finality, whereas, instant appeal has been filed against an order, whereby, the request of the appellants seeking recalling the order of auction of the subject property was declined. Per learned counsel, the appellants have miserably failed to make out any case requiring any interference, nor come forward to make payment of the decreetal amount, therefore, instant appeal is liable to be dismissed.

Since the appellants and their counsel are not pursuing the instant matter, whereas, no stay is operating, as the judgment and decree have already attained finality, therefore, we are left with no option, but to dismiss instant appeal on account of non-prosecution alongwith listed application.

J U D G E

*Farhan/PS*