ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-540 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Agha Faisal,

01. For orders on office objection “A”.

02. For orders on M.A.No.2351/2021 (E/A).

03. For orders on M.A.No.2352/2021 (S/A).

04. For hearing of main case.

19.01.2022

                        Syed Zamir Ali Shah, Advocate for the petitioner.

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                        The facts in brief leading to passing of instant order are that the suit filed by the private respondents was decreed by learned trial Court and appeal preferred against such decree was dismissed; subsequently, the private respondents filed execution application, it was allowed by learned trial Court vide order 24.12.2020; the revision application preferred against such order was also dismissed by learned Revisional Court vide order dated 16.08.2021, which is impugned by the petitioner before this Court by way of filing the instant constitutional petition.

                        It is contended by learned counsel for the petitioner that the learned trial Court ought not to have allowed the execution application ignoring the pendency of revision application before this Court against the decree. By contending so, he sought for setting aside of the impugned order.

                        We have considered the above arguments and perused the record.

                        If the petitioner is having a feeling that he has a good case on merits then he may seek for fixation of his revision application against such decree before this Court for its hearing on urgent basis. No wrong apparently has been done by the learned Courts below by allowing the execution application, which may justify this Court to reverse such orders, in exercise of its constitutional jurisdiction by way of instant constitutional petition; the same being misconceived is dismissed in limine together with listed applications.                                                                                                       JUDGE

                                                                                 JUDGE       .