ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.161 of 2019

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

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

2. For order on CMA No.1132/2019.

3. For hearing of main case.

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1^st November 2021

Counsel for the appellant is called absent, no intimation is received. Instant High Court Appeal was filed on 15.03.2019 against an order dated 19.02.2019 passed by the learned Single Judge, on the original side, of this Court in Suit No.418 of 2014, while hearing CMA No.10697/2018 (application under section 151 CPC), whereby, appellant prayed for withdrawal of the amount deposited by the respondent before the Nazir pursuant to order dated 09.07.2013, however, such application has been dismissed for being misconceived for the reason that such amount was to be released at the time of finally deciding the suit. After having filed instant appeal, appellants and their counsel have not remained vigilant to proceed with the matter and have not shown appearance on any date of hearings, except on 16.10.2020, when Syed Hassan M. Abidi, Advocate undertook to file vakalatnama on behalf of the appellant.

Prima facie, we do not find any error or illegality in the impugned order, whereas, appellants and their counsel are not coming forward to pursue this appeal, which is pending since 2019 without any useful progress. Accordingly, instant High Court Appeal is dismissed on account of non-prosecution.

J U D G E

*Farhan/PS*