HAIDER ABBAS alias MUNNA BHAI and another vs THE STATE and 2 others
This criminal revision application was filed against an interim order passed by an Additional Sessions Judge, Karachi East, which directed the Nazir to take possession of a disputed property. During the proceedings, counsel for the respondents argued that the main case was still pending before the trial court. After hearing arguments from both sides, the parties reached a consensus regarding the disposal of the matter. The court accepted the suggestion made by the counsel to set aside the impugned interim order dated 30-5-2007. Consequently, the High Court directed that the case be transferred from the current Additional Sessions Judge to another Additional Sessions Judge, Karachi East. The transferee judge was further mandated to dispose of the main proceedings expeditiously, ideally within a period of two months. The criminal revision application was disposed of in terms of this agreed-upon arrangement.
- Can a High Court set aside an interim order of a trial court based on the consent of the parties?
- Does a High Court have the authority to direct the transfer of a case to a different Additional Sessions Judge?
- Can a High Court mandate a specific timeframe for the disposal of pending proceedings by a trial court?
ORDER
1. ' MUNIB AHMED KHAN, J.--- Mr. Mustafa Lakhani filed power on behalf of the respondents Nos.2 and 3, which is taken on record and submits that the respondents are the owners of the subject plot involved in this proceeding and they are suffering seriously. He further submits that this revision application has been filed against the interim order of the Additional Sessions Judge, Karachi East, while main proceedings are still pending.
2. ' On the other hand Mr. Javaid Alam submits that the interim order is almost final order for the purposes of applicant, as direction has been issued to the Nazir to take the possession of the property.
3. After arguing to some extent the learned counsel agreed that the order, dated 30-5-2007 may be set aside and learned District and Sessions judge, Karachi East, may be directed that the matter may be transferred to any other Additional Sessions Judge, who should dispose of the matter expeditiously and possibly within a period of two months.
4. ' The suggestion is reasonable and accepted and this criminal revision application is disposed of accordingly with above directions.