ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.49 of 2021

___________________________________________________________________                                        Date                                      Order with signature of Judge 

___________________________________________________________________ 

Hearing / Priority Case:

1. For order on Nazir Report dated 21.06.2021.

2. For hearing of CMA No.1165/2021.

3. For hearing of main case.

4. For hearing of CMA No.1167/2021.

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21^st January 2022

            No one is in attendance on behalf of the appellant, no intimation is received. On the previous three dates of hearing also, counsel for the appellant was called absent and the matter was being adjourned in the interest of justice. It further appears that notices have not been issued to the respondents, as neither the cost has been paid nor copy supplied. On the last date of hearing, following order was passed: -

“Counsel for the appellant is called absent, no intimation is received. On the last date of hearing also counsel for the appellant remained absent without any intimation, whereas, as per office note, the appellant has also not deposited the cost and not supplied the copies for issuance of notice to the respondents. On the last date of hearing, when the matter was being adjourned, it was observed that if the cost is not paid interim order passed in the instant matter will be recalled. Record shows that interim order had already been recalled on 22.06.2021 as the appellant failed to deposit the decretal amount inspite of Court’s order dated 01.06.2021.

Accordingly, as an indulgence, we are adjourning this matter for a date after four weeks, however, with the caution that is cost is not paid and nobody appears on behalf of the appellant, instant appeal may be dismissed for non-prosecution.”

Today, neither the appellant or his counsel is in attendance nor cost has been paid or copy supplied. It appears that the appellant has lost interest in pursuing instant appeal, which is accordingly dismissed on account of non-prosecution alongwith listed application.

  J U D G E

J U D G E