ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.298 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.2385/2021 (Urgent).

2. For order on office objection a/w reply as at ‘A’.

3. For order on CMA No.2386/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2387/2021 (Stay).

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10^th December 2021

Mr. Muhammad Jaffar Raza, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection before next date of hearing.

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

4&5. Instant High Court Appeal has been filed against an order dated 07.12.2021 passed by the learned Single Judge, on the original side, of this Court in J.M. No.73 of 2015 filed in Suit Nos.1473/2009 and 511/2011, which suits, according to learned counsel for the appellant, were disposed of through compromise decree dated 27.08.2014, whereas, according to learned counsel, without passing any order on the injunction application pending in Suit No.1758/2017 filed by the respondent No.2, an order has been passed to the effect that no third party interest be created in the suit property till next date of hearing. It has been contended by the learned counsel for appellant that the appellant has filed an application under Order VII Rule 11 CPC with regard to the maintainability of very suit and requested the Court to decide such application first, but the learned Single Judge, instead of deciding such application in the first instance, has restrained the appellant from creating any third party interest in respect of the subject plot/project, which has almost been completed. According to learned counsel, respondents have no locus standi even to file a suit or claim of any entitlement and right upon the subject plot/land. Per learned counsel, respondents are claiming entitlement over the subject plot on the basis of a letter dated 01.01.1968 purportedly to have been issued by Karachi Co-operative Housing Societies Union Limited, Karachi, whereas, such Karachi Co-operative Housing Societies Union Limited, Karachi while filing written-statement in the suit had categorically denied the entitlement of the respondents in the subject plot. Per learned counsel, initially a status quo order was passed in the aforesaid suit, however, the same was subsequently recalled vide order dated 13.11.2018 and there was no stay operating in the instant matter, however, through impugned order, the fate of the injunction application has been decided without providing an opportunity of being heard to the appellant.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 23.12.2021, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant. In the meanwhile, the operation of the impugned order to the effect that “no third party interest be created in the subject plot” shall remain suspended till next date of hearing.

J U D G E

*Farhan/PS*