ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

HCA Nos.83 & 84 of 2024

Date	Order with signature of Judge

HCA No.83/2024

Hearing of Case

1. For hearing of CMA No.1690/2024.

2. For orders on office objection a/w reply at ‘A’

3. For hearing of main case.

HCA No.84/2024

Hearing of Case

1. For hearing of CMA No.1692/2024.

2. For orders on office objection a/w reply at ‘A’

3. For hearing of main case.

15.10.2026.

Mr. Muhammad Ilyas Khan Tanoli, advocate for appellant.

Mr. Muhammad Javed, advocate for respondents No.1 and 2.

Ms. Afsheen Aman, advocate for respondent No.4/SBCA.

Mr. Shaukat Hussain, advocate for KMC.

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Through these High Court Appeals, preferred under Section 3 of the Law Reforms Ordinance, 1972 read with Section 15 of Ordinance, 1980, the Appellant has assailed a common order dated 06.02.2024 passed by the learned Single Judge of this Court in Suit No.2142/2016 (HCA No.83/2024) and Suit No.2405/2016 (HCA No.84/2024), whereby the application seeking restoration of the suits, which were dismissed for non-prosecution alongwith pending applications on 28.02.2018, was dismissed.

After addressing the Court at some length, learned counsel for the parties, by mutual consent, agree that the instant appeals may be disposed of by setting aside the impugned order and remanding the matters 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 appeals are disposed of by setting aside the impugned order and remanding the matter to the learned Trial Court for fresh adjudication. The suits are restored to their original position as that of 28.02.2018. The learned Trial Court shall proceed to adjudicate the suits on merits, after recording evidence and affording all concerned parties a fair and reasonable opportunity of hearing, strictly in accordance with law. This order is subject to deposit of cost of Rs.10,000/- by the appellant in each appeal in the High Court Clinic within ten (10) days’ time.

Since the matters pertain to the year 2016 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 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 matter.

In the above terms, instant High Court Appeals stand disposed of alongwith pending applications.

JUDGE

Naveed PA