ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        1453   of 2010

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

1-     For Katcha Peshi.

2-     For hearing of CMA.No.3931/2010

 

02nd. March, 2016.

 

Mr. Dareshani Ali Hyder ‘Ada’, Advocate for Respondent No.10.

Mr. Muhammad Saleh Bhutto, Advocate for Respondent No.8

Mr Liaquat Ali Shar, Addl: A.G.

 

                        Petitioners and their Counsel called absent, no intimation received. Learned Counsel for respondents have vehemently argued that instant petition is misconceived as it has been filed by strangers with malafide intention just to cause harassment and usurp the property belonging to the private respondents.

                        Learned Addl: A.G also supports the contention of learned Counsel for the respondents and submits that the petitioners have no locus standi to file instant petition as they have no right, interest and title over the subject property. It has been further stated that subject property was Jagir of Mir Yakoob Ali Shah, whereafter pursuant to family settlement such Jagir has been transferred in the name of private respondents as per their respective shares, such fact also reflects in the revenue record.

                        From perusal of record and the relief sought through instant petition, it appears that seriously disputed facts have been agitated by the petitioners, whereas, prima-facie the petitioners do not have any title, lawful possession over the subject property. Moreover, the allegations and the disputed claim of parties require evidence, which cannot be examined through instant petition by this Court while exercising writ jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. We have observed that instant petition is pending since 2010 without any useful progress, whereas, it appears that after having received the objections / comments did not file any rebuttal and have lost interest to proceed with the matter, as today, no one has shown appearance nor any intimation is received. On the last date of hearing also no one was in attendance on behalf of the petitioners. Accordingly, we do not find any substance in the instant petition which is dismissed along with listed application.

JUDGE

JUDGE

A.R.BROHI