ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.237 of 2004

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

For order as to non-prosecution.

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20^th September 2021

Appellant and its counsel are called absent, no intimation is received. On the last date of hearing also, following order was passed on 26.03.2021:-

“No one is in attendance on behalf of the appellant, no intimation is received. Instant matter was admitted to regular hearing vide order dated 17.11.2006, however, thereafter nobody is coming forward to pay the cost for preparing the paper book.

In the interest of justice, two weeks’ time is granted to do the needful failing which instant High Court Appeal will be dismissed for non-prosecution. Let intimation notice be issued to the counsel for the appellant for the next date.

To come up after two weeks.”

Record reflects that instant appeal was filed on 20.04.2004 against the impugned judgment dated 03.03.2004 and decree dated 15.03.2004 passed by the learned Single Judge, on the original side, of this Court in Suit No.799 of 1995, whereby, the suit filed on behalf of the respondents against the appellant was decreed. However, after having filed instant appeal, appellant and its counsel were not remained vigilant to proceed with the matter, which is being fixed for order as to non-prosecution and the matter was being adjourned in the interest of justice, however, the needful has not been done, as paper book was not prepared due to non-payment of cost. It appears that the appellant have lost interest in pursuing the instant appeal, which is accordingly dismissed on account of non-prosecution.

J U D G E

*Farhan/PS*