KARACHI, Jan 19: A division bench of the Sindh High Court suspended on Saturday the order of a single judge for delivery of possession of two petrol pumps here at National Stadium to an “intervener” in a pending suit.

The pumps were installed by a firm on land leased by the Pakistan Public Works Department. The department issued ejectment notice to the lessee following alleged breach of the terms of the lease. The firm instituted a suit against the department and the judge passed an interim injunction in favour of the plaintiff, that was suspended by a division bench following an intra-court appeal. Meanwhile, an individual sought to become an intervener in the suit as the party in possession. The judge accepted his plea but this order too was suspended by the appellate bench. The single judge, however, proceeded to pass an order for possession of the pumps by the “intervener.”

Appearing for the appellant PWD on Saturday, Advocate Raja Qureshi submitted before a division bench, comprising Chief Justice Saiyed Saeed Ashhad and Justice Syed Ali Aslam Jafri, that the order to join the “intervener” was passed by the single judge ex parte. However, once the operation of the order had been stayed by an appellate bench, the “intervener” again became a stranger to the proceedings. Yet the judge decided to pass a possession order in his favour, the counsel stated.

The division bench suspended the impugned order and restrained the Nazir of the court from delivering possession of the pumps to the “intervener.” Notices were issued to the lessee and the “intervener.”