ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.19 of 1972

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

For order as to non-prosecution of appeal.

-----------

9^th December 2021

No one is in attendance on behalf of the appellant or his counsel, no intimation is received. On the last date of hearing also, no one was in attendance on behalf of the appellant and the matter was adjourned in the interest of justice, whereas, following order was passed on 09.04.2021: -

“Appellant and its counsel are called absent, no intimation is received. On the last date of hearing also, no one was in attendance on behalf of the appellant and the matter was adjourned and office was directed to issue notice to the appellant as well as their counsel. Record reflects that notice appears to have been issued, however, service of bailiff is also on record. Let notice be repeated upon the appellant, whereas, intimation notice to the counsel for appellant for a date to be fixed after four weeks. However, it is clarified that if, on the next date nobody appears on behalf of the appellant, instant High Court Appeal, which is pending since 1972, will be dismissed for non-prosecution.”

Pursuant to the aforesaid order, notices were issued to the appellant as well as its counsel, whereas, as per bailiff report, it appears that appellant could not be served, as given place/address found locked, whereas, counsel for the appellant has reported that the appellant is not in contact. Instant appeal is pending since 1972, whereas, after having been filed it, appellant and its counsel have not remained vigilant to pursue the matter. It appears that appellant has lost interest in pursuing the instant appeal, which is accordingly dismissed on account of non-prosecution alongwith listed application.

J U D G E

*Farhan/PS*