ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.164 of 2022

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.1303/2022 (Urgent).

2. For order on CMA No.1304/2022 (Exemption).

3. For hearing of main case.

4. For order on CMA No.1305/2022 (Stay).

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Dated: 11^th May 2022

Mr. Kh. Shams-ul-Islam alongwith Mr. Shahzad Mehmood, Advocate for Appellant.

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1. Urgency granted.

2. Exemption granted subject to all just exceptions.

3&4. Instant High Court Appeal has been filed against the impugned order dated 06.05.2022 passed by the learned Single Judge of this Court in Suit No.1489 of 2007 filed by the respondent No.1 against respondent No.2 and others, whereby, an application bearing CMA No.1441/2022 filed under section 151 CPC by the respondent No.1, with a request to consider additional bids with respect to the property subject matter of this appeal and to cancel sale certificate issued by the Nazir of this Court, has been allowed. Learned counsel for the appellant after referring to various orders passed in the suit as well as in High Court Appeal No.325/2021 submits that the learned Single Judge through impugned order has misinterpreted the earlier orders passed by the learned Single Judge as well as the orders passed by the learned Divisional Bench of this Court and had reversed all the proceedings, which were protected by law and attained finality with regard to sale of the subject property. According to the learned counsel for the appellant, since the Nazir was also appointed as Administrator in respect of the private sale, therefore, there was no error or illegality committed by the Nazir while issuing sale certificate pursuant to various orders passed by the learned Single Judge as well as by this Court.

Ms. Nahl Chamdia, Advocate has shown appearance upon service of notice under Order 43 Rule 3 CPC, waives notice of this appeal, files vakalatnama on behalf of the respondent No.1 alongwith copy of power of attorney, which is taken on record, claims copy of instant appeal alongwith annexures and requests for time to file reply/objection. Mr. Muhammad Nouman Jamali, Advocate has also shown appearance, undertakes to file vakalatnama on behalf of the respondent No.7, claims copy of instant appeal alongwith annexures and requests for time to file reply/objection. Mr.Mamoon N. Chaudhry, Advocate has also shown appearance, files vakalatnama on behalf of the respondent No.8/proposed bidder alongwith copy of power of attorney, claims copy of instant appeal alongwith annexures and requests for time to file reply/objection. Learned counsel for the appellant has supplied copy of instant appeal alongwith annexures to the learned counsel for the respondents in Court. Let reply/objection, if any, be filed with advance copy to the learned counsel for appellant. Let notice be issued to the remaining respondents, to be served through first three modes, for 24.05.2022, when reply/objection, if any, shall be filed with advance copy to the learned counsel for appellant. However, till next date of hearing, the operation of the impugned order shall remain suspended.

J U D G E