ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

1^st Appeal No. 28 of 2020

Date

Order with signature of Judge

1. For orders on CMA No. 334/2022.

2. For orders as to non-prosecution.

14.02.2022:

Mrs. Soofia Saeed Shah, advocate for respondent No.1.

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1. Learned counsel for respondent No.1 seeks urgency on the ground that appellant is not proceeding with instant appeal deliberately, whereas, executing Court is also not finalizing the execution in view of pendency of instant appeal. Urgency granted.

2. Appellant and his counsel are called absent, no intimation is received. On the previous two dates of hearing also, instant matter was fixed for orders as to non-prosecution, whereas, learned counsel for the respondent No.1 had shown appearance and filed vakalatnama on behalf of the respondent No.1. learned counsel for respondent No.1 submits that instant matter is being fixed for orders as to non-prosecution as the appellant and his counsel are not complying with Court’s order, whereas, according to learned counsel, instant appeal was filed on 19.03.2020 against an order passed on application under Order XXI Rule 26 CPC filed by the respondent, which was dismissed through impugned order, however, after having filed instant appeal, the appellant or his counsel is not coming forward to pursue instant appeal. Learned counsel for the respondent No.1, under instructions, further submits that though the appellant has filed an Appeal No.35/2019 against the impugned judgment and decree dated 13.02.2018, however, appellant is not proceeding with such appeal as well, and has not been able to obtain any injunctive interim order in said appeal. It has been, therefore, prayed that instant appeal besides being misconceived, may be dismissed. Record shows that after filing instant appeal, appellant and his counsel have not remained to pursue instant appeal, which is being fixed for orders as to non-prosecution. It appears appellant has lost interest to pursue instant appeal, which is accordingly dismissed for non-prosecution alongwith listed application.

J U D G E

Farhan/A.S.