ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                             C.P No. S- 2092 of 2017

________________________________________________________________   

DATE             ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

 

For katchaPeshi.

 

 

10-11-2017.

 

                        Syed Sikandar Ali Shah Advocate for petitioner.

 

                        Mr.UbedullahMalano Advocate for respondent No.6.

 

           

Mr. Khalid Ahmed Korai State Counsel a/w SIPSardar Ahmed of P.S. PanoAkil, SIP Ghulamhyder on behalf of S.S.P Office Sukkur.

 

.-.-.-.-

 

 

                        Statement has been filed by respondent Nos. 2 and 3 which are taken on record.

                        On the last date of hearing protection was granted to the petitioner to reach to her lands and official respondents were directed to ensure that no harassment becaused to her and her family. Counsel for the petitioner seeks disposal of the instant petition with direction to the area police to ensure thatpetitioner and her family be given due protection as provided under the law and private respondents be restrained from taking law into their hands by causing harassment to the petitioner or her husband and family.

                        The petition is accordingly disposed of with direction to area police to provide all due protection to the petitioner, her husband and family and ensure that no harassment reaches to them from private respondents.

 

                                                                                                                JUDGE

 

                                                                       

ORDERSHEET                 

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                      IInd Civil Appeal No.06 of 2006

________________________________________________________________   

DATE             ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

 

1.     For orders on CMA 982/2017

2.     For orders on CMA 957/2017 (47 r.1)

3.     For orders on CMA 65/2007

4.     For katchaPeshi

5.     For orders on CMA 424/2013

6.     For orders on CMA 66/2007

7.     For orders on CMA 690/2015

10-11-2017.

 

Mr. Abdul GhaffarMemon State Counsel.

 

Mr. Sajjad Muhammad Zangejo Advocate for the respondent

 

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                        Appellants has preferred the instant Review against this Court’s order dated 16.10.2017 where it was ordered that decreetal amounts totaling Rs. 31,34,329 from the account of Deputy Commissioner  Khairpur be attached to remain in the account of this Court  till the disposal of the instant second appeal. Learned counsel for the appellants in support of his Review Application referred to Order 27 Rule 8-A CPC which provides that securities mentioned in rule 5 and 6 of order XLI from the government or a public officer are not required. Learned counsel immediately thereafter took the Court to Rule 5 and 6 of order XLI which relates to Stay of Proceedings and of Execution in the cases of Appeals from Original Decrees. Learned counsel contended that since such payment of security is barred under rule 8-A of order 27 read with rule 5 and 6 of Order XLI, therefore, order of this Court dated 16.10.2017 is devoid of any legal merit.  When the attention of the counsel was drawn to order XLI which clearly relate solely to Appeals from Original Decrees as well as is only relevant to sections 96 to 99, 107 and 108 of CPC thus clearly barring applicability in the cases of second appeals, the  learned counsel sought time to satisfy this Court as to the very applicability of rule 8-A of Order XLI CPC in the cases of second appeals.

                        Mr. Abdul GhaffarMemonState Counsel appeared today and drew Court’s attention to Order XLII Rule 1 which provides that rules of Order XLI areto comply so far as may be to appeal from the appellate decrees. He submitted that the said provision of CPC has filled the gap with regard to applicability of Order XLI to the cases of second appeal. He in support of his contention placed reliance on the cases of  P L D 1984 Supreme Court 289 where Courts have held that Order XLII are only contains one rule lays down the procedure of second appeal which by and had to be discovered what is prescribed in order XLI. He further referred to the case reported as 2000 SCMR 1391 where similar findings are given. He next referred to the case reported as P L D 2005 SC 311 to support his contention that error apparent on the face of record is present in the under-review order as the Court has failed to give due consideration the proceedings of the provisions of Order XLI and XLII read with Order 27 Rule 8-A given a blanket protection to the government from offering any security in cases mentioned in rules 5 and 6 of Order XLI. He also placed reliance on the case of 2014 CLC 725 to show that the Order dated 06.11.2017 failed to consider fact that the plaintiff has already paid Rs. 9,24,026.90 to the respondent, therefore, the current liability of the plaintiff has been reduced to this extent.

                        While I see the case is made out by the applicant for the reduction of plaintiff’s-applicant’s liability reduced from Rs. 31,34,329/- to Rs.2,210,302.10 .However, the counsel could not satisfy me that the provisions of Order 27 Rule 8-A applied to the cases of second appeal agitated under Order XLI. A plain reading of the said Order through its only rule 1 clearly states that substantive provision could at based be considered to mean that substantive provision of Order XLI will apply to the cases of second appeal U/O XLII. However it is very clear that order 27 Rule 8-A only reverse to rule 5 and 6 of Order XLI. By no stretch of imagination one can read text of Order 27 Rule 8-A to include Order XLII and rule 1 which is neither present nor the intent of the Court. One could argue that for the other matters related to second appeals provisions of Order XLI as prescribed for the first appeal could be substantially used thereby sufficient code from trouble of repeating contents to Rule 1 to rule 38 of Order XLI. In the body of Order XLII.

            The counsel failed to bring any case law whether Courts have held that provisions of Order 27 rule 8-A also apply to Order XLII Rule 1. I,therefore,  partly allow the instant review application by reducing the letters and numbers Rs. 31,34,329 to Rs.2,210,302.10 and retain jist of the order that the accounts of Deputy Commissioner be attached to this extent.

                        Application stands disposed of accordingly.

 

                       

 

                                                                                                                JUDGE

Irfan/PA.


 

ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                     IInd Civil Appeal No.06 of 2006

________________________________________________________________   

DATE             ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

 

8.     For orders on CMA 982/2017

9.     For orders on CMA 957/2017 (47 r.1)

10.  For orders on CMA 65/2007

11.  For katchaPeshi

12.  For orders on CMA 424/2013

13.  For orders on CMA 66/2007

14.  For orders on CMA 690/2015

10-11-2017.

 

Mr. Abdul GhaffarMemon State Counsel.

 

Mr.Sajjad Muhammad Zangejo Advocate for the respondent

 

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                        Reserved for orders on CMA 957/2017.

 

 

                                                                                                                JUDGE

Irfan/PA.


 

 

 

ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Civil Transfer Application No. S-31 of 2017

________________________________________________________________   

DATE             ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

 

1.     For orders on office objection at Flag ‘A’.

2.     For orders on CMA 972/2017 (U/A)

3.     For orders on CMA 973/2017 (Ex)

4.     For katchaPeshi.

 

 

10-11-2017.

 

Mr.Mazher Ali Waggan Advocate for applicant.

 

.-.-.-.-

 

1.                     Counsel for applicant requests that instant transfer application be converted into revision application under section 115 CPC. Allowed. Office is directed to convert instant Civil Transfer Application into Civil Revision Application and given appropriate revision application number. Counsel to file fresh title page.          Counsel further contends that another Civil Transfer Application bearing No. S-29/2017 may be fixed along with instant matter.Ordered accordingly.

2.                     Urgency granted.

3.                     Exemption granted subject to all just exceptions.

                        To come up on 24.11.2017.Provided however that the pendency of the instant revision application shall not prejudice or halt the proceedings before trial Court, unless specific orders in that regard are passed by this Court.

 

 

                                                                                                    JUDGE

 

Irfan/PA.


 

ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                                        R.A No. 3396 of 2016

________________________________________________________________   

DATE             ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

 

ForkatchaPeshi

 

10-11-2017.

 

Syed Sardar Ali Shah Advocate for petitioner.

Mr. Jamshed A. Faiz Assistant Attorney General.

Mr. Khalid Ahmed Korai State Counsel a/w Inspector Mukhtiar Ahmed DSP Site Sukkur, SajjadRajper S.H.O P.S. ‘B’ SctionSukkur and SIP GhulamHyder on behalf of SSP Office Sukkur.

.-.-.-.-

 

                        Statements have been filed by respondents Nos. 4 and 5. No statement is however filed by the newly added respondent No.6 but counsel is present on its behalf and submits that the respondent No.6 ensures its fullest support to the initiatives taken by the police and will  accompany them during all aspects of the investigation with the objective of recovery of the missing child. Counsel for the petitioner submits that the child’s last known whereabout has not been considered and despite lapse of two years, CDRs of the mobile phones have not been obtained. In the given circumstances SSP Sukkur isdirected to act as a  focal person and remain in liaison in particular with respondent No.6 to investigate whereabouts of the missing child. Let quarterly report in this regard be submitted by S.S.P Sukkur detailing progress made. Petitioner is directed to approach SSP Sukkur, who to use all information available with the petitioner.

                        Learned Assistant Attorney General has undertaken also to use all endeavorsto ensure official respondents take benefit of the synergy with the sole objective of recovering the child. A copy of this order be sent to S.S.P Sukkur for compliance.

                        To come up on 27.11.2017.

                                                                                                    JUDGE

 

Irfan/PA.


 

ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

                             R.A No. 21 of 2008

________________________________________________________________   

DATE             ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For hearing of CMA 597/2017 (c/a)

10-11-2017.

Abdul Hakeem Phulpoto attorney of respondent present in person.

Mr. Ali GulAbbassi Advocate for contemnors.

 

.-.-.-.-

 

                        Muhammad Moosa attorney of all the applicant is present and confirms that order of this Court dated 21.5.2010 has been complied with to the extent that the land in question has been transferred in the name of Mst. Nazeeran. This fact is acknowledged by Abdul Hakeem attorney for the respondents as well as Hidayatullah who is son of Mst. Nazeeran. From VII-B of DehVisrioWahanTapoShahladhaniTaluka and district Khairpur is also before me which shows that vide entry No.231 dated 15.7.2010Mst. Nazeeran’sname  has been recorded for land admeasuring 4.30 acres. The only grievance of the respondent who has moved the instant contempt application is that the possession of the said land is still enjoyed by the applicant, which assertion is vehemently denied by applicant Muhammad Moosa who confirms that title as well as possession of the land has been handed over to Mst. Nazeeran and her representatives.

             In the given circumstances Judicial Magistrate–IKhairpuris directed to personally visit the land in question along with concerned Mukhtiarkar and survey team and to have the same land demarcated and ensure its possession handed over to Mst. Nazeeran, her legal heirs or attorney and file a compliance report along with photographs. If needed police assistance, S.H.O concerned may also be called by the said Judicial Magistrate to accompany with him. Compliancereport must be submitted in the next (21) days.

                        To come up on 11.12.2017.

                                                                                                    JUDGE

 

Irfan/PA.


 

 

Irfan/PA.