ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D- 966 of 2021

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DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

Hearing of case (Priority).

1. For hearing of CMA 4338/2021 (s/a)

2. For hearing of main case.

01-09-2021.

Mr. Roshan Ali Azeem, Advocate for the petitioner.

O R D E R.

. Through this petition, the petitioner has sought the following reliefs.

a) Declare that official respondents Nos. 4 & 5 acted in unlawful manners in respect of suit property i.e Khawat No.674 and 676, measuring 30,000 sq ft, situated in Deh odherwali tehsil and district Ghotki (old vergetable & fruit Mandi) an attempting to usurp the suit property with ill motives by creating third party interest through practicing learned Advocates i.e respondents N o. 8 to 31who are establishing their offices/chambers through rental arrangement under the terms of Hon’ble Court Compromising decree dated 04.03.2021.

b) Declare that petitioner is lawful and absolute owner of suit property i.e Khawat No.674 and 676 measuring 30,000 sq. ft (thirty thousand square feet) which is situated in Deh odherwali at district Ghotki and order dated 02.03.2021 and compromise decree dated 04.03.2021passed by Hon’ble Senior Civil Judge Ghotki, Respondent no. 32 is collusive, passed under-pressure, illegal, unlawful, arbitrary and without jurisdiction, based on malafide intention for ulterior motives which directly affected the absolute and vested property right of the petitioner.

c) Direct the respondents to handover the peaceful possession of suit property to petitioner immediately.

d) Any other relief as this Hon’ble Court deem fit and proper.

We have confronted the petitioner’s counsel as to entertaining the above prayer as apparently some judgment and decree has been passed in a civil suit; the counsel for the petitioner is not in a position to specifically respond. The perusal of para No. 6 of the petition further reflects that in F.C Suit No. 93/2020 before the court of Senior Civil Judge at District Ghotki,the petitioner has been arrayed as defendant No.10, in that case the petition on the face of it does not appear to be maintainable and is therefore dismissed with pending application. However, the petitioner may seek an appropriate remedy against the said Judgment and decree including an application under section 12(2) C.P.C which shall be decided in accordance with law.

JUDGE

JUDGE

Irfan/PA.