C.P.No.D-637  of  2012

 

1.    For hearing of CMA-10122/2013

2.    For Katcha Peshi

 

15.04.2016

 

Mr. Nusrat Hussain Memon advocate for petitioners.

Mr. Mujeebur Rahman Soomro advocate for respondent No.6.

Mr. Shaharyar Awan, Assistant Advocate General.

                                    ...............

 

            Learned counsel for the respondent No.6 submits that instant petition is not maintainable as F.C. Suit No.118/2012 in respect of subject-controversy is already pending before the Court of learned 2nd Senior Civil Judge, Sukkur. Such factual position is disputed by the learned counsel for the petitioners, who submits that instant petition may be disposed of, however, with directions to the official respondents to consider the request of the petitioners for demarcation strictly in accordance with law.

 

            Accordingly, instant petition is disposed of along with listed application, with directions to the petitioners to seek their remedy in respect of subject-land including demarcation before the concerned Court of civil jurisdiction, where matter is already pending between the parties, however, if the law so permits, the respondents may consider the request of demarcation of land of the petitioners, strictly in accordance with law, however, subject to orders by the competent Court of civil jurisdiction, if any, in this regard.

 

 

 

                                                                                       JUDGE

 

 

                                                            JUDGE

 

 

N.M.