Order Sheet

 

IN THE HIGH COURT OF SINDH AT KARACHI

 

H. C. A. No.251 of 2017

 

Date

                                 Order with signature of Judge

 

Hearing (Priority) Case :

1. For orders on office objection / reply at “A” :

2. For hearing of C.M.A No.615/2018 :

3. For hearing of C.M.A No.1666/2017 :

4. For hearing of main case :

 

15.11.2018 :  M/S Syed Iqbal Hussain Gillani, Abdullah Aleem Qureshi and

Rai Mudassir Iqbal Kharal, advocates for the appellant along

with appellant Aijaz Khan.

 

Mr. Muhammad Shafi Muhammadi, advocate for respondent No.1 along with respondent No.1 Amjad Khan.

 

Mr. Wasif Riaz, advocate for respondents 3, 4 & 6 along with respondents Mehboob Khan, Mrs. Nusrat Shahzad Akhtar and Nargis Zaman.

…………

 

Learned counsel for the parties have been heard at considerable length. After making their respective submissions and seeking instructions from their respective clients, they agree that the consolidated judgment and decree passed in Suits bearing No.1245/2008 and 1450/2008 be set aside and both the Suits be remanded back to the learned single Judge for decision afresh. They further agree that an issue with regard to the maintainability of Suit No.1245/2008 on the point of limitation be framed by the learned single Judge before proceeding further. It is stated by the parties that they may file appropriate applications before the learned single Judge seeking amendment(s) in their pleadings. Any such application, if filed by them,shall be decided by the learned single Judge as expeditiously as possible on merits. It is clarified that parties will be at liberty to lead additional evidence on the point of limitation and if the pleadings are amended. It is clarified that both the above Suits will be decided by the learned single Judge without being prejudiced while giving findings contained in the judgment impugned before us. All the parties request that timeframe be fixed for decision of both the Suits and listed application bearing CMA No.615/2018 filed by the present appellant for production of additional evidence may also be considered by the learned single Judge on merits.

 

By consent, this appeal and listed applications are disposed of in the above terms with no order as to the costs. At the request of all the parties, it is expected that entire exercise shall be completed within a period of eight (08) months.

 

                                                                                                                        J U D G E

 

 

                                                                                                J U D G E

*HCA 251-17/15.11.2018/Short Orders DB/Court Work/E*

M. Khan