ORDER SHEET

IN THE HIGH COURT OF SINDH, AT KARACHI

H.C.A. No. 255 of 2009

          Date                       Order with signature of Judge                           

1.For orders on office objection.

2.For orders on CMA No. 1206/2009.

3.For Katcha Peshi.

05^th November 2009.

Mr. Ali Mehdi, Advocate for the appellant.

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          This appeal has been filed against the order dated 26.5.2009 passed by learned single Judge of this Court in Suit No.1006 of 2005, by which the application for contempt of Court, filed inter alia against the present appellant, was disposed off.

          Learned counsel contends that although vide said impugned order the appellant has not been convicted for contempt of Court and his unconditional apology was accepted by the learned single Judge but some observations have been made by the learned single Judge in the said order which needs to be considered.

          It is admitted position that suit is still pending and learned single Judge has made observations in his order while disposing off the interlocutory application. The orders on interlocutors are always of tentative nature and have no substantial roll to play in the final determination of the suit. Parties are entitled to take position and also to lead evidence of their respective case and to this extent there seems to be little justification for filing of this appeal against the order of learned single Judge which admittedly does not prejudice the appellant nor materially changes his position in the pending suit. Consequently, we find no merit in this appeal and dismiss the same in limine.

  J U D G E

J U D G E