IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Transfer Application No.17
of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on M.A. No.5221/2025
(U/A)
2.
For hearing of main case
3. For
hearing of M.A. No.3792/2025
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15.04.2025
Mr. Azizullah
Jamali, advocate for applicant
Mr. Tahir Hussain, A.P.G.
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Applicant
Syed Asif Hussain is
accused in Illegal Dispossession Complaint No.145/2024 (Mst. Nighat
Sultana vs. Syed Asif Hussain).
He has filed this transfer application on the ground that learned Presiding
Officer has allowed application under Section 7 of the Illegal Dispossession
Act, 2005 and restored the physical possession of the property in question, therefore, the applicant has lost trust on learned
Presiding Officer.
Learned
A.P.G. opposed the application on the ground that this is a frivolous
application and is without any substance.
Comments
were called from learned trial Court, which reveals that respondent/complainant
Mst. Nighat Sultana obtained
possession of residential properties constructed on Plots Nos.523 and 524,
admeasuring 120 square yards each, situated in Area-I, Sector 35-D, Korangi, Karachi in Civil Execution No.10/2020, arising out
of Civil Suit No.1390/2019 through Court’s Bailiff and the applicant again
illegally occupied the said property. She filed two Complaints under the Illegal
Dispossession Act, 2005 and after hearing the parties, learned Presiding
Officer allowed the application under Section 7 of the Illegal Dispossession
Act, 2005, which annoyed the applicant to file the instant transfer
application. It is a matter of record that order on application under Section 7
of the Illegal Dispossession Act, 2005 was challenged before this Court in
Criminal Revision Application No.42/2025, which was dismissed vide order dated
21.02.2025. It has also come on record that Criminal Revision Application No.52/2025
was also dismissed by this Court.
Heard
learned counsel for the applicant as well as learned A.P.G. and perused the
material available on record.
From
perusal of record it appears that instant transfer application has been filed
without any substance or cogent ground. Any judicial order can be challenged
before the next forum. In the present case, applicant has impugned the orders
passed by learned Presiding Officer, which were maintained by this Court. I am
of the considered view that instant transfer application is not maintainable, the same is dismissed, however, with direction to the learned trial Court to
decide the case of the applicant, preferably within a period of 3 months,
without granting any adjournment to either party on any flimsy ground, under
intimation to this Court through learned MIT-II.
J
U D G E
Gulsher/PS