ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.266 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

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

2. For order on CMA No.2431/2022 (Exemption).

3. For hearing of main case.

4. For order on CMA No.2432/2022 (Stay).

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Dated; 23^rd August 2022

Mr. Ghulam Shabbir Shaikh, Advocate for Appellant.

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1. Learned counsel for the appellants undertakes to comply with office objection(s) before next date of hearing.

2. Exemption granted subject to all just exceptions.

3&4. Instant High Court Appeal has been filed against an impugned order dated 01.07.2022 passed by the learned Single Judge of this Court in Suit No.925 of 2011, whereby, according to learned counsel for the appellant, the suit has been decreed against the appellant while relying on Paragraphs Nos.4 to 7 of the written-statement dated 29.11.2012 while observing that since the claim of respondent has been admitted by the appellants in the written-statement, and the learned counsel representing Board of Revenue has also not disputed such position, therefore, the suit has been decreed in the aforesaid terms. Whereas, according to learned counsel, neither the claim of respondent was admitted, nor the counsel for appellant has conceded to such facts, on the contrary, the time was granted to the counsel for appellant to file further comments. It has been further contended by the learned counsel that the subject property is an un-surveyed Naclass land, which does not belong to the respondents, whereas, the comments filed by Mukhtiarkar were incomplete and contrary to the record, therefore, the permission to file fresh comments by the concerned officer(s) was granted. It has been prayed that the impugned order passed by the learned Single Judge is based on incorrect facts, whereas, it does not contain any reason, therefore, the same is liable to be set aside.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 15.09.2022, when objection/reply, if any, shall be filed with advance copy to the learned counsel for the appellant. However, till next date of hearing, the operation of impugned order shall remain suspended.

J U D G E