ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Const: Petition No.S- 3041 of 2014

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

1- For Katcha Peshi.

2- For order on CMA.No.10516/2014

28^th. September, 2015.

Mr. Umrah Khan Yousufzai, Advocate for Petitioner.

Mr. Shahryar Imdad Awan, Asstt: A.G.

After hearing the learned Counsel for petitioner at some length, learned Counsel for petitioner was directed to satisfy this Court as to maintainability of instant petition, whereby order dated 13.5.2014 passed by learned Family Judge, Sobhodero @ Ranipur in Family Suit No.56 of 2013 on an application U/s 9(6) of the Family Court Act, has been impugned, whereas, admittedly an appeal against Judgment & Decree passed by learned Family Court as well as against the impugned order has already been filed by the petitioner before the Court of Additional District Judge, Gambat, the learned Counsel for petitioner could not satisfy this Court as to maintainability of instant petition, however, submits that petitioner will not press instant petition, provided that the appellate Court may be directed to pass appropriate order on injunction application filed by the appellant in the aforesaid proceedings, whereas, the executing Court may be restrained from passing any final order on execution application, till decision of the appeal or an order on the application for interim relief filed by the petitioner before the appellate Court.

I am of the opinion that in view of above circumstances of the instant case, instant petition is misconceived as the petitioner has already sought remedy against the judgment & Decree and as well as against the aforesaid impugned order passed on an application U/s 9 (6) of the Family Court Act by filing appeal before Additional District Judge, Gambat. Accordingly, instant petition is dismissed as not pressed along with listed application. However, the petitioner is directed to approach the learned appellate Court and pursue remedy already availed, including the injunction application and obtain restraining order in accordance with law. However, till decision by appellate Court on the application, if pending or filed by the appellant in the aforesaid proceedings within a period of seven days from the date of this order, the executing Court may not finalize the execution proceedings, till then.

Petition stands disposed of in the above terms along with listed application.

JUDGE

A.R.BROHI