ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

HIGH COURT APPEAL No. 152 OF 2016

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Dated                          Order with signature of Judge

Fresh Cases

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1. For Order on CMA No. 1955/2016 (Urgent)

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

3. For Order on CMA No. 1956/2016 (Exemption)

4. For hearing of Main Case

5. For Order on CMA No. 1957/2016 (Stay)

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19.05.2016   

Mr. Muhammad Azhar Faridi Advocate for the Appellant

Mr. Shahzeb Akhtar Khan Advocate for the Respondent No.1

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1.         Urgency granted.

2.         Deferred

3.         Exemption granted subject to all just exceptions.

4-5.      The Appellant has impugned the Order dated 02.05.2016 passed by the learned Single Judge of this Court on the Original Side, whereby, it directed the Nazir to ascertain and submit valuation of the property, subject matter of the litigation, within two weeks.

            Counsel for the Appellant contended that the order is in conflict with the decree passed on 29.05.2013 and additionally such order would lead to allowing a review application which has been filed by the Respondent.

            Perusal of the decree reflects that in a suit for partition parties were on dispute in respect of Bungalow No. 47-B, Queens Road, Lalazar, Karachi, admeasuring 3503 square yards and the Court after coming to the conclusion that the said property could not be partitioned directed its sale by allowing the parties to bring buyers and on their failure directed Nazir to sell the property and distribute the sale proceeds between the parties in accordance with the method provided in the decree. We repeatedly asked the learned counsel that as to how the order whereby the Nazir was directed to evaluate the property is in conflict with the Decree but the counsel says that the decree was under review and such order tends to allow the review and in the last he submitted that at least the review which is pending be dismissed.

            We have totally failed to understand the purpose of filing this appeal and or manner in which the counsel has made submission without realizing that how an Appellate Court can dismiss an application which is yet to be decided by the trial Court. Not only the appeal itself but the submissions also with due respect appears to be totally frivolous and therefore, we dismiss this appeal with cost of Rs.25,000/-, which should be deposited in High Court Clinic Account within 7 days hereof. Compliance report within two weeks.

                                                                                                CHIEF JUSTICE

JUDGE

AMJAD/PS