ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Const. Petition No.S-418 of 2007
Date Order with signature of the Judge
1. For order on CMA No.1219/10.
2. For Katcha Peshi.
3. For hearing of CMA No.2821/07.
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Mr. Abdul Latif A. Shakoor, Advocate for Petitioner.
Mr. Fasih-uz-Zaman Abbasi, Advocate for Respondent No.3.
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1. Through this application learned counsel for the petitioner has sought review of order dated 15.03.2010 whereby with consent of the parties the application moved on behalf of the respondents for recalling the order dated 24.03.2009 was allowed and it was directed that the instant petition alongwith Const. Petition No.419/2007 is to be heard and decided on merits.
Mr. Latif A. Shakoor for the petitioner has contended that an order was passed in CP No.220/2006 whereby Const. Petitions bearing No.418 & 419/2007 were disposed of, therefore, Petitions No.418 & 419/2007 could not be listed for hearing. Learned counsel has placed a certified copy of the order on record which gives in its title number of Const. Petitions bearing No.220, 418 & 419/2006 and in the end it directs the remand of all the three cases to the trial Court for their expeditious disposal. Per learned counsel, in view of such order the instant petition could not be listed for hearing on merits and, therefore, order dated 15.03.2010 be recalled and the petitions be consigned to record.
While the order was being dictated Mr. Shakoor stated that he never want that these two petitions should not be heard on merits, in fact he wanted to bring on record order dated 01.09.2008 passed in CP No.S-220/2006 and since he has placed certified copy of said order on record, therefore, he does not press listed application for review of order dated 15.03.2010 which may be dismissed. However, in order to clarify the position it is observed that since all these Petitions viz. 220, 418 and 419 were listed together and the learned Judge after hearing the parties in CP No.220/2006 observed that since the opportunity of cross-examination was not provided to the parties remanded all the three case. However, both counsel admit that in Petitions No.418 and 419 it appears to be an admitted position that the parties were provided opportunity of cross-examination which opportunity was duly availed. The order-sheets of C.P. Nos.418 & 419 reflect that no such order was passed in these cases on 01.09.2008 and the diary-sheet reflects that these cases were discharged, which leads to conclude that order dated 01.09.2008 was passed in C.P. No.220/2006 but erroneously mentioning the numbers of C.P. Nos.418 & 419. Even otherwise, controversy of these petitions could not be decided in C.P. No.220/2006. After admitting such error on the part of Court both the learned counsel agreed for fixation of these petitions on merits which led to passing of order dated 15.03.2010.
In view of this position, the application even otherwise on merits deserves dismissal. However, since learned counsel for the petitioner has not pressed listed application, therefore, the same is dismissed as withdrawn. Let the petitions be fixed for hearing in the first week of May 2010 in accordance with roster.
2&3. Deferred.
JUDGE