ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.304 of 2022

_____________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.3048/2022 (Urgent).

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

3. For order on CMA No.2901/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2902/2022 (Stay).

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Dated; 26^th September 2022

Mr. Hyder Raza Arain, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Through instant High Court Appeal, the appellant has impugned order dated 23.08.2022 passed by the learned Single Judge of this Court in Suit No.502 of 2019 alongwith Suit No.863 of 2021, whereby, according to learned counsel for the appellant, without notice or hearing the parties in respect of CMA No.6807/2021 filed in Suit No.863/2021 the aforesaid injunction application has been allowed, whereas, the aforesaid suit, which was admittedly filed in duplication of earlier Suit No.502/2019 filed by the respondents in respect of same dispute was misconceived and not maintainable, as observed by the learned Single Judge in order dated 25.05.2022. However, according to learned counsel, at the request of learned counsel for respondent No.1 both the aforesaid suits were tagged together and while hearing the parties in the earlier suit, the impugned order has been passed in respect of the subsequent suit.

Let pre-admission notices be issued to the respondents, to be served through first three modes, for 11.10.2022, when reply/objection, if any, shall be filed with advance copy to the learned counsel for the appellant. However, in the meanwhile, the parties to maintain status quo till next date of hearing.

J U D G E

*Farhan/PS*