ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.151 of 2021

___________________________________________________________________                                        Date                                      Order with signature of Judge 

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FRESH CASE:

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

2. For order on CMA No.1618/2021 (Exemption).

3. For hearing of main case.

4. For order on CMA No.1617/2021 (Stay).

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1^st October 2021

Mr. Abdul Aziz Abro, Advocate for Appellant.

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1.         Learned counsel for the appellant undertakes to comply with office objection before next date.

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

3&4.     Instant High Court Appeal has been filed against an order dated 02.06.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.2093 of 2019, whereby, the application filed by the respondent under Order XXXIX Rules 1&2 read with Section 151 CPC has been disposed of with the directions to the appellant not to create third party interest in the suit property, whereas, the respondents have been directed to deposit balance sale consideration in the sum of Rs.6 Crore in respect of the subject property before the Nazir of this Court.

Learned counsel for the appellant submits that the appellant has seriously disputed the execution of sale agreement with the respondents, whereas, the amount shown as balance sale consideration by the respondent is also not in consonance with the prevailing market price of the subject property, therefore, the impugned order is liable to be set aside.

Mr. Khurshed Javed, Advocate has shown appearance on behalf of the respondents and submits that the impugned order has been passed by consent of the parties, whereas, it does not affect the instance of the appellant with regard to validity of the agreement for sale, which still can be agitated by the appellant before the learned Single Judge in the suit, therefore, instant High Court Appeal is misconceived and not maintainable.

While confronted to hereinabove position, learned counsel for the appellant submits that the appellant will be satisfied and will not press instant High Court Appeal; provided that the learned Single Judge may be directed to consider the objection of the appellant with regard to the validity of purported agreement for sale, whereas, the impugned order may not affect the disposal of the suit in accordance with law. Accordingly, instant High Court Appeal is dismissed as not pressed alongwith listed application, however, with the aforesaid clarification.

      J U D G E

J U D G E

*Farhan/PS*