Case Details

Citation(s)
2023 SLG 2071 2023 SLD 2071 2023 YLR 1253 2023 SLD
Sindh High Court
H.C.A. No. 290 of 2009, C.M.As. Nos. 1378, 1379 of 2022, 1719 of 2012, 1690 of 2013, 1242 of 2014 and 1632 of 2009, decided on 16th May, 2022.
Before Aqeel Ahmed Abbasi and Abdul Mobeen Lakho, JJ
Muhammad Mushaffy, Fahad Mushaffy and Faizan Mushaffy, Advocates for Appellant along with Syed Munir Hussain Kazmi son of Syed Wajih Hasan Kazmi (Managing Trustee of the appellant) Asim Mansoor for
Respondents along with Mst. Abida Sultana daughter of Ham

Messrs KAZMIA TRUST (Regd.) through duly authorized---Appellant

VERSUS

Messrs KAZ INTERNATIONAL (PVT.) LTD. and 5 others---Respondents

Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 3---Law Reforms Ordinance (XII of 1972), S. 3----Intra Court Appeal---Compromise between parties---Appellants sought disposal of appeal in view of compromise arrived at between parties outside of Court---Validity---Parties under litigation settled their dispute outside the Court---In terms of compromise agreement parties agreed to disposal of appeal in such terms---High Court by consent of all present disposed of the appeal---High Court directed the office to modify judgment and decree passed by Single Judge of High Court---Disposal of appeal in terms of compromise between the parties was without prejudice to the right and interest of third party, if any, and subject to law, including company law, that would have binding effect between the parties---Intra Court Appeal was disposed of accordingly. ORDER 1. Urgency granted. 2. Listed application (C.M.A. No.1379/2022) has been filed under Order XXIII, Rule 3, C.P.C. duly signed by the appellant through its authorised person, namely, Syed Muneer Hussain Kazmi and respondents Nos. 2 to 4, who are also present in Court, seeking disposal of instant High Court Appeal pursuant to a compromise reached between the parties in terms of agreement dated 13.05.2022 between the appellant (Syed Muneer Hussain Kazmi son of Syed Wajih Hassan Kazmi, Managing Trustee of the Appellant Trust) and Respondent No.2 (Mst.Abida Sultana daughter of Hameedullah Khan) Respondent No.3 (Mst.Zahida Khan daughter of Hameedullah Khan) and Respondent No.4 (Syed Muhammad Abbas Kazmi son of Syed Shaiq Hussain Kazmi), whereby, the parties have settled their dispute outside the Court. Learned counsel for the appellant and the respondents submit that since the matter has been compromised outside the Court between all the concerned parties, therefore, it has been prayed that instant HCA may be disposed of in terms of the compromise deed executed between the parties, and the impugned judgment dated 07.10.2009 passed in J.M.No.07/2006 by the learned Single Judge may be modified accordingly. The compromise application is duly supported by affidavits of the parties, who are also present in Court and have…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492