ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C.P No.D- 331 of 2010.

DATE         ORDER WITH SIGNATURE OF JUDGE

                   For Katcha Peshi.

18.05.2010.

Mr. Bilawal Ali Ghunio, Advocate a/w Petitioner.

Mr. Allah Bachayo Soomro, Additional A.G.

                                                =

                   Through this petition, the Petitioner has prayed that properties which has been left by her deceased husband be mutated in the record of rights in the name of legal heirs left by deceased. The Petitioner has placed on record  two sale deeds in respect of properties bearing C.S No.F-1153/B-1 admeasuring 120.8 Sq.Yards and C.S.No.F-1153/B-2 measuring 120.8 Sq.Yards in the name of Ashique Hussain and also certificate of legal heirs which was issued by Nazim U.C-I Qasimabad.

                   Mr. Allah Bachayo Soomro, learned Additional A.G states that Mukhtiarkar has no objection whatsoever to mutate the above properties in the name of legal heirs of deceased if otherwise they are found entitled but such mutation may not be affected because this Court in C.P.No.D-11/2007 restrained the mutation and in case directions are issued in this case, the mutation would be affected accordingly.

                   In the peculiar circumstances of the case, we exempt the instant case from purview of injunctive order passed by this Court in C.P.No.D-11/2007 and direct the Mukhtiarkar to mutate the properties in the name of legal heirs of deceased if they are found entitled in accordance with law.

                   The petition stands disposed of in the above terms.

                                                                             JUDGE

                                                JUDGE

Tufail