ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Civil Revision Appln.No.S-152 of 2022

DATE                         ORDER WITH SIGNATURE OF JUDGE

01. For orders on office objection “A”.

02. For order on C.M.A.No.967/2022

03. For hearing of main case.

04.05.2023.

Mr. Abdul Rehman Bhutto, Advocate for applicants.

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

1.         Deferred.

2.         Deferred.

3.         Facts in brief necessary for disposal of instant civil revision application are that the applicants filed a suit mainly for seeking declaration for cancellation of sale deed No.134. dated 23.02.2011, for the reason that it has been maintained on the basis of false entry No.333, dated 03.09.2009; the plaint whereof was rejected by learned Senior Civil Judge, Kashmore, vide order dated 11.08.2022, which was impugned by them by preferring an appeal; it was also dismissed by learned Appellate Court vide order dated 12.11.2022, which is impugned by the applicants before this Court by preferring the instant civil revision application.

            It is contended by learned counsel for the applicants that triable issues were available, therefore, learned trial and Appellate Courts ought not to have rejected the plaint of the applicants. By contending so, he sought for setting aside of the impugned order with direction to learned trial Court to proceed with the case further in accordance with law.

            Heard arguments and perused the record.

            Apparently, the parties had been litigating with each other since long; the instant suit was last in the series whereby the applicants sought for declaration for cancellation of sale deed based on fake revenue entry; such declaration was not in respect of their right, title or legal character over the subject property; it obviously was hit by Section 42 of the Specific Relief Act. In these premises, learned Appellate Court was right to maintain the order of learned trial Court whereby the plaint filed by the applicants was rejected obviously in order to save precious time of the Courts over fruitless litigation. No illegality even otherwise is pointed in impugned order which may justify this Court to make interference with it.

            Consequent upon above discussion, the instant civil revision application fails and it is dismissed in limine.

JUDGE