ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 

HCA No. 359 of 2016

 

Date

Order with signature of Judge

 

 

Hearing of case

1.                  For orders on office objection.

2.                  For hearing of CMA No.3586/2018.

3.                  For hearing of CMA No.204/2018.

4.                  For hearing of main case.

 

 

23.09.2026.

Mr. Abdul Kadir Khan, advocate for the appellant.

 

M/s. Talha Azeem and Bahar Khan Jagirani, advocates for respondents.

-----------

Through the instant High Court Appeal, preferred under Section 3 of the Law Reforms Ordinance, 1972, the Appellant has assailed the order dated 06.10.2016 passed by the learned Single Judge of this Court in Suit No.850 of 2001 whereby the suit was dismissed for want of evidence.

After addressing the Court at some length, learned counsel for the parties, by mutual consent, agree that the instant appeal may be disposed of by setting aside the impugned order and remanding the matter to the learned Trial Court for fresh adjudication in accordance with law.

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 by setting aside the impugned order and remanding the matter to the learned Trial Court for fresh adjudication. The learned Trial Court shall proceed to adjudicate the suit on merits, after recording evidence and affording all concerned parties a fair and reasonable opportunity of hearing, strictly in accordance with law. The learned Trial Court shall not entertain any miscellaneous application which may have the effect of delaying or obstructing the expeditious disposal of the suit, except an application which is necessary for the proper adjudication of the matter.

Since the matter pertains to the year 2001 and has remained pending for a considerable period, the learned Trial Court shall proceed with the same expeditiously and make every endeavour to conclude the proceedings, preferably within three (03) 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 matter.

In the above terms, instant High Court Appeal stands disposed of alongwith pending applications.

 

            JUDGE

JUDGE

 

Naveed PA