ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.279 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.2309/2021 (Urgent).

2. For order on CMA No.2310/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.2311/2021 (Stay).

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7^th December 2021

Mr. Abdul Wajid Wyne, Advocate for Appellant.

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1. Urgency granted.

2. Exemption granted, but subject to all just exceptions.

3&4. Through instant High Court Appeal, the appellant has impugned an order dated 11.11.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.592 of 2016, whereby, according to learned counsel for the appellant, the order for auction of the subject property has been passed, whereas, the bid of the highest bidder has been accepted and the Nazir was directed to proceed further in the matter and issue sale certificate, execute documents in favour of the auction-purchaser, obtain possession of the subject property and deliver the same to the auction-purchaser within fifteen (15) working days’ time. Learned counsel for the appellant submits that it was brought to the notice of the Court that since the defendants No.1&2 have expired, therefore, their legal heirs may be taken on record and the learned Single Judge was pleased to pass an order dated 31.08.2021 directing the plaintiff to file amended title to this effect, whereas, notice was required to be issued to the legal heirs of the defendants No.1&2, however, the needful has not been done and the exercise of auction has been completed in their absence. According to the learned counsel for appellant, the legal heirs of defendants No.1&2 are also entitled to participate in the auction proceedings in accordance with law.

From perusal of the impugned order, it transpires that the order of auction of the subject property was passed much earlier when the defendants No.1&2 were perhaps alive, whereafter, several other orders were being passed; issuing directions to the Nazir for carrying out auction, therefore, prima facie, order for auction under the circumstances cannot be treated as an illegal order, however, in order to ascertain the above contention of the learned counsel for appellant regarding impleading the legal heirs of defendants No.1&2 as party in the instant proceedings, we would issue pre-admission notice to the respondents, to be served through first thee modes, for 15.12.2021, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant.

J U D G E

*Farhan/PS*