ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

HCA No.150 of 2022

Date	Order with signature of Judge

Hearing / Priority.

1. For orders on office objection.

2. For hearing of main case.

3. For hearing of CMA No. 3306/2022.

12.10.2026.

Mr. Khalid Mahmood Siddiqui, advocate for the Appellant.

Mr. M. Imran Nawazish, advocate for respondent No.1.

Mr. Shahan Karimi, advocate for respondent No.2.

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Through the instant High Court Appeal preferred under Section 3 of the Law Reforms Ordinance, 1972 read with Section 15 of Ordinance X of 1980, the Appellant has assailed the order dated 21.04.2022 passed by the learned Single Judge in Suit No.1192 of 2002, whereby two applications, one under Order VI Rule 17 read with Section 151 CPC [CMA No.15579/2016] and another under Order IX Rule 9 read with Section 151 CPC [CMA No.15578/2016], were dismissed.

After addressing the Court at some length, learned counsel for the parties, without prejudice to their respective case and claims on merits, have agreed that the instant appeal may be disposed of by setting aside the impugned order to the extent of dismissal of the application under Order IX Rule 9 CPC.

Accordingly, with the consent of learned counsel for the parties and without prejudice to their respective rights, claims and contentions on merits, the impugned order dated 21.04.2022 passed in Suit No.1192 of 2002 is set aside to the extent of dismissal of CMA No.15578/2016. The instant appeal is disposed of with a direction to the learned Trial Court to record the remaining evidence of the parties, if any, and thereafter decide the matter after affording fair and reasonable opportunity of hearing to both sides, strictly in accordance with law.

Since the matter pertains to the year 2002 and has remained pending for a considerable period, the learned Trial Court shall proceed expeditiously and make every endeavour to conclude the proceedings preferably within four months from the date of receipt of a copy of this order. Unnecessary adjournments shall be avoided and the parties shall extend full cooperation for expeditious disposal.

The High Court Appeal stands disposed of alongwith pending application(s).

JUDGE

Naveed PA.