ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

(JUDICIAL DEPARTMENT)

F.A.O. no.22/2023
Umar Hayat
versus
Bazil Ashiq Dewan and others

S. No. of Date of
Order with signature of Judge and that of parties or counsel
order/ order/
where necessary.
proceedings Proceedings
1 15.03.2023 Barrister Muhammad Shoaib Razzaq for the petitioner

This first appeal against order is against the order dated 07.03.2023
dismissing the appellant’s application for interim injunction in the suit for
specific performance filed by the appellant. The learned appellate Court
dismissed the application primarily for the reason that the appellant had
defaulted in payment of balance instalments.

2 Learned counsel refers to the deposit challan appended to the record

showing that two instalments of Rupees 35 million each were deposited in
court on or about the time the suit was filed, and that an additional sum of
Rupees 30 million was also paid, the receipt of which learned counsel submits
is admitted by the respondent. Learned counsel adds that, under the
Agreement, respondent no.1 was obligated to transfer the suit property on
receipt of 50% of the sale consideration, but the respondent was refusing to do
so. Learned counsel’s submissions demonstrate an arguable case.

3 Admit. Notice to the respondents for 15.05.2023.

4 Under section 8 of the Alternative Dispute Resolution Act, 2017, the

parties are directed to convey their consent, or refusal thereof, as the case may
be, to proceed to mediation by a trained mediator. It is to be borne in view that
an unreasonable refusal to mediate will reflect in the costs of litigation to be
awarded at the conclusion of these proceedings. The parties are also directed
to file their statements of costs of litigation before the next date of hearing.

CM no.01/ 2023

Exemption sought for is allowed subject to all just and legal exceptions.
 2
CM no.2/2023

Notice. Pending the next date of hearing, the suit property shall not be
alienated.

(Sardar Ejaz Ishaq Khan)

Judge
Asjid