ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.135 of 2015

Date

Order with signature of Judge

1. For orders on office objection/reply at flag ‘A’/

2. For hearing of main case.

3. For hearing of CMA 1275/15

Dated: 03.11.2015

Mr. Zeeshan Sherwani for the appellant.

Mr. Muhammad Ali Lakhani for the respondent.

-.-.-

This High Court Appeal has been preferred against an interlocutory exparte order passed by learned Single Judge of this Court on 07.04.2015 in Suit No.545 of 2015 when while issuing notice to the defendants/appellant, as an interim measure it was directed that so far as the promotion of defendant/respondent is concerned, no final decision will be made till further orders.

Learned counsel for the appellant argued that the appellant has not committed any violation of their promotion policy and in fact the respondent is not eligible for promotion while the learned counsel for the respondent argued that the promotion is granted on the basis of eligibility criteria and since the respondent is fully eligible for the promotion, therefore, he has rightly approached this Court and filed the civil suit for declaration of his rights.

Admittedly this is an appeal against interim orders and proper remedy is to approach the learned Single Judge for early disposal of the injunction application. In addition thereto, the defendants may also file application under order XXXIX rule 4 CPC.

After arguing at some length, the learned counsel for the appellant requests the disposal of this appeal with some directions to the learned Single Judge to decide the injunction application expeditiously. The learned counsel for the respondent has no objection on this request.

By consent this appeal is disposed of with direction to the learned Single Judge of this Court to decide the injunction application preferably within a period of one month. Both the learned counsel undertake that they will not seek any unjustified adjournment and argue the injunction application as and when the matter is fixed before the learned Single Judge.

In the above terms, the High Court Appeal stands disposed of along with pending applications.

Judge