ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.258 of 2009

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

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.1213/2009.

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Dated; 26^th October 2022

Mr. Shahenshah Hussain, Advocate for Respondent.

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No one is in attendance on behalf of the appellant, no intimation is received. Earlier the matter was represented by Mr. Muhammad Anwar Tariq, Advocate, who has now expired, thereafter, Mr. Dildar Shaikh, Advocate has filed his vakalatnama on behalf of the appellant, however, he did not show appearance on the previous date and the matter was adjourned in the interest of justice. Today also, counsel for the appellant is called absent, whereas, no intimation is received.

Learned counsel for the respondent submits that instant High Court Appeal is pending since 2009, whereas, the appellant and his counsel have not remained vigilant to pursue instant High Court Appeal, which otherwise has no merits and is liable to be dismissed.

Record shows that after having been filed instant High Court Appeal, appellant and his counsel have not remained vigilant to pursue the matter since 2009 without any useful progress, whereas, no restraining order is operating in this matter. Accordingly, we are left with no option, but to dismiss instant High Court Appeal on account of non-prosecution alongwith listed application.

J U D G E

*Farhan/PS*