ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Const. Petition No. D- 1703 of 2017

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DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

1. For katchaPeshi

2. For hearing of CMA 10895/2017 (S/A)

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12-09-2017.

Mr. GhulamMurtazaBuriroAdvocate for petitioner.

Mr. Kamaluddin Advocate for respondents Nos. 2 to 5.

Mr. Zulifqar Ali Naich Assistant A.G

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Para-wise comments filed by the respondents Nos. 2 to 5 which are taken on record. Copy supplied to the counsel for the petitioner. At the same time counsel for the respondents has filed counter affidavit to MA No. 10895/2017 as well as filed an application under rule 4 and 9 of the High Court of Sindh Benches Rules, 1987. Copy received by counsel for petitioner. In terms of the above referred application the respondents has challenged the jurisdiction of this Court and have contended that the cause of action as alleged falls within the territorial limits of circuit Court at Hyderabad. Counsel for the petitioner concedes to such contention and in the given circumstances requests for the withdrawal of this petition with permission to file the same afresh before the circuit Court at Hyderabad. Counsel for the respondents does not object to the instant request, which is accordingly granted. The petition is dismissed as withdrawn withpermission to file a fresh.

JUDGE

JUDGE

Irfan/PA.