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Civil Appeal No. 59 of 1975, decided on 19th January 1976.
-----Art 185(3)‑Leave to appeal granted but appellant despite letters from his Advocate on record and direct notice from Court failing to file concise statement and deposit security for costs‑Appeal dismissed for non‑prosecution.
Sh. Abdul Karim, Advocate‑on‑Record for Appellant.
Respondent in person.
Date of hearing : 19th January 1976.
In this case leave to appeal was granted on the 1st of October, 1973, and an order was also passed directing the maintenance of status quo as to possession during the pendency of the appeal. The appeal was directed to be heard on the present record during the week commencing from the 24th of November 1975.
In spite of Issuance of notices the learned Advocate‑on‑Record for the appellant failed to file a concise statement and to deposit the security for costs.
Sh. Abdul Karim, learned Advocate‑on‑Record for the appellant has appeared before us in response to the notice of this Court dated the 31st of December 1975. He states that he has written several letters to the appellant but without any response. He further points out that a copy of the notice of this Court was also sent directly to the appellant Abdul Ghani, but even then he has failed to turn up and to co‑operate with the Advocate -on‑Record for completing this appeal. In these circumstances, Sh. Abdul Karim requests for permission to withdraw from the appeal.
As the appellant has failed to take steps to complete the appeal, in spite of letters from his Advocate‑on‑Record and direct notice from this Court, we dismiss the appeal for non‑prosecution. There shall be no order as to costs.
Appeal dismissed,
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