ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-589 of 2023

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on office objection.

2. For hearing of main case.

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Dated; 27^th March 2023

None present.

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Petitioner and his counsel are called absent, no intimation is received. Instant petition was filed on 23.01.2023, whereafter, the matter was fixed in Court on 30.01.2023, when counsel for the petitioner requested for time to prepare the case and on his request, the matter was adjourned to 10.02.2023, however, on said date, counsel for the petitioner once again requested for time to prepare the case and the matter was adjourned in the interest of justice.

Today, neither the petitioner nor his counsel is in attendance, whereas, from perusal of the relief being sought through instant petition, it appears that petitioner could not establish prima facie case to seek the relief being claimed through instant petition in the above format for the reason that without seeking declaration with regard to right and title over the subject land from the relevant authorities or competent Court of civil jurisdiction petition cannot be filed under Article 199 of the Constitution. It appears that for the above reason, petitioner and his counsel are not coming forward to proceed with the matter. Accordingly, instant petition is dismissed on account of non-prosecution alongwith listed application.

Dismissal of instant petition in the above terms may, however, have no bearing upon the right, title or possession of the parties on the subject land, which may be decided by the competent forum / Court in accordance with law.

J U D G E

*Farhan/PS*