ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

HCA No.275 of 1999

Date	Order with signature of Judge

Hearing of Case.

1. For hearing of CMA No.1891 of 2016.

2. For hearing of CMA No.699 of 2016.

3. For hearing of CMA No.1485 of 1999.

4. For Regular Hearing.

16.09.2026.

Mr. Khurram Gul Ghory, Advocate for the Appellant.

Mr. Munir A. Malik, Advocate for the Respondent.

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Initially, Suit No.14 of 1995 was instituted by the Respondent, Dabur India Limited, before this Court seeking, inter alia, permanent injunction against infringement of copyright and trade mark, passing off, rendition of accounts of profits and delivery up. In the said suit, the learned Single Judge, vide order dated 21.05.1999 (the impugned order) passed on CMA No.73 of 1995, an application under Order XXXIX Rules 1 and 2, C.P.C., allowed the application as prayed. Being aggrieved by the said order, the Appellant, Hilal Confectionery (Pvt.) Limited, preferred the instant High Court Appeal.

During the pendency of the instant appeal, upon promulgation of the Civil Courts (Amendment) Act, 2025, the subject suit, i.e., Suit No.14 of 1995, along with other matters, stood transferred to the competent District Court at Karachi in terms of the amended jurisdictional provisions.

After addressing the Court at some length, learned counsel for the parties, with a view to avoiding any further delay in the matter, by mutual consent agree that the instant appeal may be disposed of with a direction to the learned Trial Court to proceed with and decide the main suit within a reasonable period.

Accordingly, with the consent of learned counsel for the parties and without prejudice to their respective rights, claims and contentions on merits, the instant appeal is disposed of with a direction to the learned Trial Court to proceed with and decide the main suit, after recording evidence and affording all concerned parties a fair and reasonable opportunity of hearing, strictly in accordance with law, without being influenced by any observation made in the impugned order dated 21.05.1999. Until final adjudication of the suit, the parties shall maintain status quo in respect of the subject matter of the suit.

Since the suit pertains to the year 1995 and has remained pending for a considerable period, the learned Trial Court shall proceed with the matter expeditiously and make every endeavour to conclude the proceedings, preferably within six (06) months from the date of receipt of a copy of this order. Unnecessary adjournments shall be avoided, and the parties shall extend full cooperation to the learned Trial Court to facilitate expeditious disposal of the suit.

In the above terms, the instant High Court Appeal, along with all pending application(s), stands disposed of.

JUDGE

Naveed PA