ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.121 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.895/2022 (Urgent).

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

3. For order on CMA No.896/2022 (Exemption).

4. For hearing of main case.

5. For order on CMA No.897/2022 (Stay).

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1^st April 2022

Mr. Muhammad Ajmal Khan, Advocate for Appellant.

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1. Urgency granted.

2. Learned counsel for the appellant undertakes to comply with office objection before next date of hearing.

3. Exemption granted subject to all just exceptions.

4&5. Instant High Court Appeal has been filed against judgment 30.09.2021 and decree dated 14.03.2022 passed by the learned Single Judge of this Court in Suit No.923 of 1997, whereby, according to learned counsel for the appellant, the suit filed by respondent No.1 against respondent No.2 and the appellant has been decreed in favour of the respondent No.1. Learned counsel for the appellant submits that against the same impugned judgment and decree respondent No.2 has already filed High Court Appeal bearing No.106 of 2022, wherein, Notices have been issued to the respondents vide order dated 28.03.2022 and interim relief has been granted to the extent that till next date, the executing proceedings may not be finalized. In support of his contention, learned counsel has placed on record a copy of the aforesaid order passed in the aforesaid appeal.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 21.04.2022, when aforesaid appeal may be taken up alongwith instant appeal, whereas, objections/reply, if any, shall be filed with advance copy to learned counsel for appellant. However, the interim order passed in the aforesaid appeal shall apply mutatis mutandis in the instant appeal.

J U D G E