Hearing(s) Detail

Civil Executions 6/2023, Dr Asif Burney V/S PO sindh and others

Hearing(s) Detail

Hearing Date Diary Status Units / Application Witness Court
04-SEP-2026
Restored (1)
For W/S/Objections/C.A. 0 0 SCJ , Hala
28-AUG-2026
Restored (1)
Execution application called. DH No. 1, namely Dr. Asif Burney, who is also the duly constituted attorney on behalf of DH Nos. 2, 3, and 4 is called absent. Mr. Irfan Ali Qureshi Learned counsel for the Decree Holders (DHs) is present. Mr. Imdad Ali Memon, Advocate, on behalf of Judgment Debtor (JD) Nos. 16, 22, 24, 25, 26, and 27 is present, however, the said JDs are called absent. Mr. Riaz Ali Khaskheli Advocate is present and filed his vakalatnama on behalf of Zahid Hussain at Ex-----------50, order on it. File. He has also filed adjournment application at Ex-----------51 along with photo copy of special power of attorney. Order on it. Allowed as last and final chance. Zahid Hussain is present who is attorney of JD no 08 to 15. Put off to------------04-09-2026 for filling of objection of JDs. For Service 0 0 SCJ , Hala
15-AUG-2026
Restored (1)
Execution application called. DH No. 1, namely Dr. Asif Burney, who is also the duly constituted attorney on behalf of DH Nos. 2, 3, and 4 is present. Mr. Irfan Ali Qureshi Learned counsel for the Decree Holders (DHs) is present. Mr. Imdad Ali Memon, Advocate, on behalf of Judgment Debtor (JD) Nos. 16, 22, 24, 25, 26, and 27 is present, however, the said JDs are called absent. Put off to------------28-08-2026 for appearance and filling of objection of JDs.
Late diary. One Mr. Zahid Hussain appeared and filed an application for time at Ex-----------49. Order passed on it. Allowed in the interest of justice. Date is already fixed viz------------28-08-2026 for appearance and filling of objection of JDs.
For Service 0 0 SCJ , Hala
07-AUG-2026
Restored (1)
Execution application called. DH No. 1, namely Dr. Asif Burney, who is also the duly constituted attorney on behalf of DH Nos. 2, 3, and 4 is present. Mr. Irfan Ali Qureshi Learned counsel for the Decree Holders (DHs) is present. Mr. Imdad Ali Memon, Advocate, on behalf of Judgment Debtor (JD) Nos. 16, 22, 24, 25, 26, and 27 is present, however, the said JDs are called absent. Advocate for DH has filed statement at Ex:47 along with newspaper at Ex 47/A Court Motion Notice returned statement of bailiff is recorded at Ex 46, he has produced the copy of notice at Ex: 46/A. Order passed on separate sheet at Ex: 48 service upon all JDs held good. Put off to------------15-08-2026 for appearance and filling of objection of JDs. For Service 0 0 SCJ , Hala
17-JUL-2026
Restored (1)
Execution application called. DH No. 1, namely Dr. Asif Burney, who is also the duly constituted attorney on behalf of DH Nos. 2, 3, and 4 is present. Mr. Irfan Ali Qureshi Learned counsel for the Decree Holders (DHs) is present and filed amended title at Ex____ order on it. Issue notice to legal heirs of JD No 17 on cost of Decree Holders through first three modes of service. He has also filed an application U/O 22 R 4 CPC at Ex____ order on it. Register notice to other side subject to hearing of advocates. Learned counsel for decree holder not press the same application as the Amended title is submitted. Order passed on separate sheet at Ex_____ Application is hereby dismissed as not pressed. Advocate for D/H has filed statement at Ex___ order on it. File. He has also filed an application U/O 5 R 20 CPC. Register order passed on separate sheet at Ex____ Application is hereby allowed. Mr. Imdad Ali Memon, Advocate, on behalf of Judgment Debtor (JD) Nos. 16, 22, 24, 25, 26, and 27 is present, however, the said JDs are called absent. The remaining JDs, are called absent despite repeated calls, have failed to appear either in person or through their respective learned counsel, and no intimation to this effect has been received. Court motion notice not issued by the office. The Office is, strictly directed to issue Court Motion Notices to all the remaining JDs as well as their respective learned counsel whose vakalatnamas are available on the Record & Proceedings (R&Ps) of the instant Execution Application. Put off to------------07-08-2026 for service upon JDs Issue notice through publication to JDs as per order passed on application U/O 5 R 20 CPC Office is directed to issue Court Motion notices to the concerned Judgment Debtors learned Counsels who previously remained in attendance. For Service 0 0 SCJ , Hala
15-JUL-2026
Restored (1)
Execution application called. Athar Ali Associate of Mr. Irfan Ali Qureshi Learned counsel for the Decree Holders (DHs) is present and filed adjournment application at Ex____. Order on it. Time for compliance of order dated 11.07.2026 is extended till 17.07.2026. DH No. 1, namely Dr. Asif Burney, who is also the duly constituted attorney on behalf of DH Nos. 2, 3, and 4 is called absent. Mr. Imdad Ali Memon, Advocate, on behalf of Judgment Debtor (JD) Nos. 16, 22, 24, 25, 26, and 27 is called absent however, the said JDs are called absent. The remaining JDs, are called absent despite repeated calls, have failed to appear either in person or through their respective learned counsel, and no intimation to this effect has been received. Court motion notice not issued by the office. The Office is, strictly directed to issue Court Motion Notices to all the remaining JDs as well as their respective learned counsel whose vakalatnamas are available on the Record & Proceedings (R&Ps) of the instant Execution Application. (J/D no 17 Sahbat s/o Khair Muhammad has passed away, and a formal death intimation was already placed on record in these proceedings on 01-12-2023). service through substituted means without further procrastination. Let the said application(s) be filed by the DHs within three (03) working days from today positively, to enable this Court to pass further appropriate orders. Put off to------------17-07-2026 for compliance of order dated 11.07.2026, service upon Judgment Debtors. Office is directed to issue Court Motion notices to the concerned Judgment Debtors learned Counsels who previously remained in attendance. For Service 0 0 SCJ , Hala
11-JUL-2026
Restored (1)
Execution application called. Mr. Irfan Ali Qureshi Learned counsel for the Decree Holders (DHs) is present along with DH No. 1, namely Dr. Asif Burney, who is also the duly constituted attorney on behalf of DH Nos. 2, 3, and 4. Mr. Taj Muhammad Memon, Advocate, partner of Mr. Imdad Ali Memon, Advocate, is present on behalf of Judgment Debtor (JD) Nos. 16, 22, 24, 25, 26, and 27; however, the said JDs are called absent. The remaining JDs, are called absent despite repeated calls, have failed to appear either in person or through their respective learned counsel, and no intimation to this effect has been received. Order passed on separate sheet at Ex_____. Perusal of the case diary reveals that despite explicit directions contained in the previous order dated 21-05-2026, Court Motion Notices have not been issued to the concerned JDs who are duly represented by counsel. The Office is, therefore, strictly directed to issue Court Motion Notices to all the remaining JDs as well as their respective learned counsel whose vakalatnamas are available on the Record & Proceedings (R&Ps) of the instant Execution Application.Mr. Taj Muhammad Memon, Advocate, has pointed out that JD No. 17 (Sahbat s/o Khair Muhammad) has passed away, and a formal death intimation was already placed on record in these proceedings on 01-12-2023. He further submits that the legal heirs of the deceased JD No. 17 have already contested Civil Second Appeal No. 79 of 2023 before the Honorable High Court of Sindh, Circuit Court, Hyderabad. A perusal of the R&Ps corroborates this contention. Consequently, the DHs are directed to file an appropriate application under Order XXII, Rule 4 of the Code of Civil Procedure (CPC) for the substitution/bringing on record of the Legal Heirs (LRs) of the deceased JD No. 17 forthwith. Learned counsel for the DHs has further agitated that several JDs have consistently failed to cause their appearance, irrespective of whether they have been duly served or otherwise. In this regard, a meticulous examination of the record reveals that no formal order holding the service good upon JD Nos. 5, 6, 7, 11, 18, 19, 20, 21, and 23 has been passed by this Court. Furthermore, the record is silent as to whether the said JDs have been debarred from filing their objections to the execution application. Under these circumstances, the DHs, who were previously directed to furnish the correct and present addresses of the un served JDs, are ordered that if the current whereabouts are unavailable, they shall move an appropriate application under Order V, Rule 20 of the CPC for effected service through substituted means without further procrastination. Let the said application(s) be filed by the DHs within three (03) working days from today positively, to enable this Court to pass further appropriate orders. Put off to------------18-07-2026 for service upon Judgment Debtors. Office is directed to issue Court Motion notices to the concerned Judgment Debtors learned Counsels who previously remained in attendance. For Service 0 0 SCJ , Hala
02-JUL-2026
Restored (1)
Execution Application called. Decree Holder is called absent. Mr. Irfan Ali Qureshi learned counsel for plaintiffs/decree holders is also called absent. Mr. Imdad Ali Memon Advocate for J/Ds no 16,22,25,26 & 27 is present. None is present for the remaining Judgment Debtors. Execution Application was filed on 14-07-2023 for service; the objections were also filed by the J.D Nos. 22, 24, 25, 26, 27. The matter remained pending before this Court for service upon the remaining JDs, Put off to------------11-07-2026 for service upon Judgment Debtors. Office is directed to issue notice to remaining defendants/J.D on costs. as well as office is directed to issue Court Motion notices to the concerned Judgment Debtors and to their Counsels who previously remained in attendance including the learned DDA appearing on behalf of official defendants/JDs as well as notices to remaining defendants/J.D in person on cost of decree holder. For Service 0 0 SCJ , Hala
22-MAY-2026
Restored (1)
Execution Application called. The learned counsel for plaintiffs/decree holders is present. None is present for the Judgment Debtors. Execution Application was filed on 14-07-2023 for service, the objections were also filed by the J.D Nos. 22, 24, 25, 26, 27. The matter remained pending before this Court for service upon the remaining JDs, however due to continuous non-appearance of plaintiffs/DHs and their counsel this Court vide order dated.03-08-2024 disposed of the instant execution application in non-prosecution. Thereafter, on 15-08-2024, the learned counsel for the plaintiffs/D.H filed an application U/s 9 Rule 9 CPC which was allowed by this Court vide order dated.24-08-2024 and the instant execution application was ordered to be restored at its original stage and matter was fixed for the service upon the remaining defendants/JDs. The learned counsel for the defendants/J.D Nos. 16, 22, 24, 25, 26, 27 made appearance and informed the Court that the Honorable High Court of Sindh Circuit Court Hyderabad was pleased to grant stay in this matter and since then the matter was being continuously adjourned till decision/directions of the Honorable High Court of Sindh Circuit Court Hyderabad. In the meanwhile, the Honorable High Court of Sindh Circuit Court Hyderabad dismissed the 2nd Appeals vide judgment dated. 04-03-2026 communicated to this Court through the learned Assistant Registrar (Civil) of High Court of Sindh Circuit Court Hyderabad vide letter No. IInd Appeal No. 69 and 79/2023 No. 4690 dated. 08-05-2026. The learned counsel for the plaintiffs/D.H also filed the statement. The record reveals that after restoration of the instant execution application vide order dated: 24-08-2024, the matter remained adjourned from time to time only because of the stay order operating from the Honorable High Court of Sindh Circuit Court Hyderabad. Since the Second Appeals alongwith listed applications have already been dismissed and no subsequent restraining order or suspension of operation of decree has been placed on record by any of the defendants/J.D, therefore, this Court is legally bound to proceed with execution of the decree in accordance with law. office is directed issue notice to remaining defendants/J.D on costs. as well as office is directed to issue Court Motion notices to the concerned Judgment Debtors and to their Counsels who previously remained in attendance including the learned DDA appearing on behalf of official defendants/JDs as well as notices to remaining defendants/J.D in person on cost of decree holder. Put off to--------02-07-2026 for service upon Judgment Debtors. For Service 0 0 SCJ , Hala
03-AUG-2024
Execution Application called. Decree holder and his learned counsel called absent. Learned DDA on behalf of defendant/JDs No.1 to 4 is present. Learned counsel for JD No.16, 22, 25, 26 and 27 is present. Today matter is fixed for service/ hearing on application Execution application u/o XXI rule 11 CPC, issuance of process upon defendants/JDs No. 8 (i & ii) (a & b), 9 (a to g), 10, 18, 19, 20 and 24 on cost through all modes except publication and issuance of process upon defendant no. 6 and 7 on cost. Perusal of record reveals that plaintiff/decree holder and his learned counsel are not appearing before this court and process upon the said defendants is not being issued since last so many hearing and it appears the plaintiff side has no interest in the present matter, hence, the present matter is disposed off in non-prosecution. Seed detailed order passed on separate sheet For Service 0 0 SCJ , Hala