ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 1764 of 2012

Date of hearing

Order with signature of Judge

Hearing of case (priority)

1. For orders on office objections at Flag-A

2. For hearing of CMA No.6066/2012 (S/A)

3. For hearing of main case

(Notice issued to respondents and advocate)

16.10.2018

Mr. Parmanand, Advocate for the petitioner.

Mr. Ahmed Ali Shahani, Assistant Advocate General Sindh.

.-.-.-.-.-.-.-.-.-.-

Learned counsel for the petitioner has raised grievances in respect of a land which he claimed to be a graveyard which is being destroyed by respondents No.8 and 9. It is further urged that respondents No.8 and 9 are making an attempt to cultivate on the subject land.

We have heard the learned counsel. Although this petition is pending since 2012. The question as above, as to the maintainability of this petition, was ever in existence ever since it was filed. The questions regarding determination of the land in question and survey No.65 and 66 and its situation / location require to be determine. Even otherwise, this petition is against the private respondents and the petitioner at best could agitate his grievances before a forum having jurisdiction in this regard.

In view of the above, we deem it appropriate that the petitioner should have raised his grievances before a forum i.e. Civil Court and/or Revenue Authority, having jurisdiction. In case such grievances are raised by filing a Suit before Civil Forum or before Revenue Authority, the period consumed w.e.f. 13.06.2012 until today be excluded from the computation of limitation, and the controversy, in case the Suit is filed, be resolved after hearing the parties, preferably within six (06) months.

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

J U D G E

Abdul Basit