ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.157 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.1671/2021 (Urgent).

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

3. For order on CMA No.1672/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.1673/2021 (Stay).

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14^th September 2021

Mr. Kashif Hanif, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection within three days.

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

4&5. Instant High Court Appeal has been filed against an order dated 24.08.2021 passed by the learned Single Judge, on the original side, of this Court in Suit No.1308 of 2020 on C.M.A. No.9183/2020, whereby, according to learned counsel for appellant, an order for removal of BTS Towers installed by the appellant pursuant to an agreement executed between the appellant and the builder have been directed to be removed without hearing the appellant. According to learned counsel, the appellant was never served in the suit nor could file written-statement and reply of the application in accordance with law, therefore, impugned order has been obtained behind the back of the appellant through misrepresentation of facts. It has been further contended by the learned counsel for appellant that the roof top of the subject building belongs to the builder, with whom, appellant has entered into an agreement and has already paid rent upto 2022, whereas, inspection of such towers has been made without associating the appellant or the SBCA officials behind the appellant. It has been submitted by the learned counsel for appellant that the appellant will be satisfied and will not press instant High Court Appeal; provided that the impugned order may be set aside and the appellant may be allowed to file written-statement and reply of the injunction application within seven-days, whereas, learned Single Judge may be directed to decide the injunction application afresh or may decide the entire suit while framing the issue(s), as to whether BTS Towers of the appellant at the roof top of the subject building has been installed in violation of any building laws or the same is hazardous to the health of occupants and injurious to the structure of the building.

Mr. Naveed Ahmed Khan, Advocate has shown appearance, files vakalatnama on behalf of the respondents No.1 to 11, which is taken on record, waives notice of instant appeal and claims copy of instant appeal alongwith annexures, which the learned counsel for appellant has provided the same in Court. However, in order to avoid any further delay in disposal of the suit, he does not oppose disposal of instant appeal in the aforesaid terms.

Accordingly, while setting aside the impugned order, instant High Court Appeal is disposed of with the directions to the appellant to file written-statement and reply/objection on the injunction application within seven-days, whereafer, consolidated issues in the aforesaid terms shall be formulated, and the suit alongwith listed application(s) may be finally decided after hearing all the learned counsel for the parties in accordance with law, preferably, within a period of two (02) months from the date of this order. Learned counsel for the parties shall not seek any unnecessary adjournment in the suit.

J U D G E

*Farhan/PS*