ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

HCA No. 177 of 2024

HCA No. 188 of 2024

Date	Order with signature of Judge

Hearing of case (Priority).

1. For orders on Nazir’s report dated 13.5.2024.

2. For orders on office objection.

3. For hearing of main case.

4. For hearing of CMA No. 1054/2024.

03.09.2026.

Ms. Umaimah A. Khan, advocate for the appellant in HCA No. 177/2024.

Mr. Imdad Ali Sahito, advocate for the appellant in HCA No. 188/2024.

Mr. Khalique Ahmed, advocate for respondent/Muhammad Nasir in HCA No. 188/2024.

Mr. Ameer Bakhsh Metlo, advocate for respondent No.3 in HCA No. 177/2024.

Mr. Fahim Zia, advocate for respondent No.3 in HCA No.188/2024.

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Through the instant High Court Appeals, preferred under Section 3 of the Law Reforms Ordinance, 1972, the Appellants have assailed the order dated 25.04.2024 passed by the learned Single Judge of this Court in Suits Nos.729 of 2020, 824 of 2020 and other connected suits. For the sake of ready-reference, the relevant portion of the order is reproduced hereunder:-

“……….. In the said circumstances, let in the first instance, Nazir take over the Subject Property as receiver and by installing of Security Guard and officials as may be required to ensure that the rent being collected is to reach his office, which is to be duly recorded. Let a report in this be submitted on or before the next date of hearing. In case, private Defendants fail to appear on the next date of hearing, coercive orders are liable to be passed in this regard. To come up after two weeks.

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Learned Counsel for the Plaintiff in Suit No.824 of 2020 also agrees that in respect of contention raised in the matter, late Muhammad Rafiq Awan was the predecessor of the Plaintiff as well as the Defendants in respect of the subject Property of the said Suit bearing Commercial Plot Survey No.3/1, Survey Sheet No.LR-6 (Old No.E-5-P.04A) at measuring 1430 Sq. Yds., Lawrence Quarter, Karachi preliminary decree be passed and the parties be directed to ubmit accounts as available with them and as per their understanding with the Nazir of this Court, whereas Nazir is also directed to proceed with the sale of the said property after acquiring verification from the concerned Department and in case parties fail to submit original documents, Reference be put up before this Court also.”

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 matters to the learned Trial Court for fresh adjudication. The learned Trial Court shall decide the pending applications afresh, if necessarily required, or else 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.

Since the matters pertain to the year 2020 and have 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 matters.

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

JUDGE

Naveed PA