ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.88 of 2004

___________________________________________________________________                                        Date                                      Order with signature of Judge 

___________________________________________________________________ 

 

 

For order as to non-prosecution.

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2nd November 2021

 

            No one is in attendance on behalf of the appellant, no intimation is received. On the last date of hearing also, counsel for the appellant was called absent, whereas, the matter was fixed for order as to non-prosecution, however, in the interest of justice, it was adjourned with caution that if, nobody appears on behalf of the appellant on the next date, instant appeal will be dismissed for non-prosecution. Office was directed to issue notice to the appellant and intimation notice to their counsel for the next date of hearing. Pursuant to such directions, it appears that notice was issued to the appellant as well as intimation notice to their counsel, however, bailiff has reported that neither the appellant nor their counsel are available on the given addresses.

            Instant appeal was filed on 15.10.2004, which was admitted for regular hearing on 12.05.2005 and since then appellant and his counsel have not remained vigilant to proceed with the matter and even never shown appearance in Court, whereas, the matter is being fixed for order as to non-prosecution.

            In view of hereinabove facts and circumstances of the case, it appears that the appellant has lost interest in pursuing instant appeal, which is pending before this Court since 2004 without any useful progress. Accordingly, instant appeal is dismissed on account of non-prosecution.

 

      J U D G E

 

J U D G E

*Farhan/PS*