ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Constt:Petition No.D-514 of 2021.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

Before:

                                                Mr. Justice Irshad Ali Shah.

                                                                                    Mr. Justice Arbab Ali Hakro.

1. For orders on office objections ‘A’.

2. For orders on M.A.No.3068/2021.

3. For hearing of main case.

10.05.2023

                        Mr. Shakeel Ahmed G.Ansari, Advocate for petitioner.

                        Mr. Nadir Hussain Abro, Advocate for intervener.

Mr. Abdul Waris Bhutto, A.A.G

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The petitioner by way of instant petition has sought for direction against the respondents either to keep entry in record of rights on the basis of sale deed or to dispose of his application which is pending with them.

                        At the very outset, it is stated by learned counsel for the petitioner that he would be satisfied, if the Assistant Commissioner, Khanpur, is directed to dispose of pending application of petitioner in accordance with law, which is opposed by learned A.A.G and learned counsel for the intervener by contending that a civil suit for cancellation of very sale deed is pending adjudication before learned 1^st Senior Civil Court, Shikarpur, which the petitioner is avoiding to contest and instead is intending to having a short cut by seeking direction against the Assistant Commissioner to enforce such sale deed under the deception of disposal of his application. When confronted, learned counsel for the petitioner was not able to controvert the pendency of civil suit. In such situation, the direction sought for by the petitioner could hardly be issued by this Court in exercise of its constitutional jurisdiction. Consequently, the instant petition being misconceived is dismissed accordingly together with listed application.

JUDGE

JUDGE