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Constitution of Pakistan (1973)--Art. 185(3)---Refusal of High Court to extend stay order, already granted in pending appeal---Absence of counsel---Appeal had been pending in High Court since 1990---Petitioner/appellant had engaged three counsel but the matter was lingering---High Court finally on 2-11-1999 refused to adjourn the case as none of counsel of the petitioner/appellant were present and stay against operation of order under appeal was vacated ---Validity--­Petitioner/appellant was himself to blame for not putting forward his case in relation to alleged failure on the part of his outside counsel to appear in High Court on 2-11-1999--=Case had been pending in High Court for last about a decade and petitioner/appellant might make an appropriate move for expeditious early disposal of the matter by High Court--=Leave to appeal was refused. Sardar Muhammad Ghazi, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 18th November, 1999. JUDGMENT CH. MUHAMMAD ARIF,. J.---In this petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 leave is claimed by the petitioner against order dated 2-11-1999 passed by a learned Judge in Chambers of the Lahore Court, Rawalpindi Bench, Rawalpindi in FAO No.41 of 1990 during its pendency alongside Regular First Appeal No.3 of 1989 which reads thus: "In spite of repeated adjournments, learned counsel for the appellant are not appearing. Although the appellant has engaged three counsel i.e. Sh. Maqbool Ahmad, Advocate, Hafiz S.A. Rehman, Advocate and Kh. Farooq Ahmed, Advocate, yet this matter is lingering on since 1990 and the operation of the impugned order was suspended by this Court on 24-11-1990. The appellant requests for adjournment. We are not inclined to extend the stay granted to the appellant on 24-11-1990 subsequently modified vide order dated 11-11-1996. The respondent would be at liberty to file the execution petition against the appellant. However, the main appeal is adjourned to a date fixed by the office." It may be pointed out that the abovementioned stay order dated 24-11-1990 was passed by a learned Judge in…

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