ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.177 of 2016

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

Hearing / Priority Case:

1. For hearing of main case.

2. For hearing of CMA No.2163/2016.

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20^th April 2022

Mr. Muhammad Safeer, Advocate for Respondent.

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Appellant and his counsel are called absent, no intimation is received. On the last date of hearing also, no one was in attendance on behalf of the appellant and the following order was passed:

“This matter may not be fixed before a Bench in which one of us namely Mahmood A. Khan J. is a member. Learned counsel for the respondent No.1 submits that instant High Court Appeal besides being misconceived and not maintainable otherwise has become infructuous for the reason that the appellant, who was proposed bidder, has neither deposited any earnest money nor complied with the order passed by the learned Single Judge pertaining to all the four properties, whereas, during pendency of the instant appeal, the subject properties have already been put to auction, which has been confirmed by the Court, whereas, physical possession has already been handed over to the auction purchaser, therefore, the appellant is not coming forward to proceed with the matter. It has been prayed that some short date may be given as instant appeal is pending since 2016 without any useful progress. Let this matter be fixed after two weeks as per Roster.”

Learned counsel for the respondent submits that instant appeal is misconceived and not maintainable, which otherwise has been infructuous as subject properties have already been put to auction and after completion of all legal formalities possession has also been handed over to auction purchaser, whereas, appellant was prepared bidder, who did not even deposit the earnest money. Moreover, after having filed instant appeal on 25.05.2016 appellant and his counsel have not remained vigilant to pursue the appeal, as they have lost interest to pursue the same. Since the appellant and his counsel have chosen to remain absent without any intimation and have not been pursuing instant High Court Appeal, which is pending since 2016 without any useful progress. Accordingly, instant High Court Appeal is dismissed on account of non-prosecution alongwith listed application.

J U D G E