ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Const. Petition No. S-300 /2013

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DATE                  ORDER WITH SIGNATURES OF JUDGE(S)

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1. For hearing of  CMA No. 1492/2013

2. For hearing of main case.

09.05.2016

Mazhar Ali, the attorney of the  petitioner, present in person.

Through the instant petition, the petitioner has impugned order dated 27.02.2013 passed by learned VI-Addl: DistrictJudge, Karachi-South in Family Appeal No. 18/2012 wherein the Family Judge refused to entertain the appeal filed  against the judgment passed in Family Suit No. 1116/2011 on account of limitation by holding that the appeal is delayed for over three months. A perusal of the file shows that attempts to serve the Respondent No. 1 (ex-wife of the petitioner) have been made and publication in the Daily Express, Lahore of 19.02.2016 was also made, notwithstanding therewith, no one has made appearance on behalf of Respondent No. 1.  Be that as it may, at the face of it, the Court is not satisfied as to the maintainability of the instantpetition, which has been filed after exhaustion of applicable remedy of appeal against the order of the Family Judge.  The petitioner, on the next date of hearing, to satisfy the court as to how the instant petition is maintainable under Article 199 of the Constitution where the petitioner has already enjoyed adequate remedy of appeal provided by law.

To come up after two weeks, according to roster.

                                                                               JUDGE

zahidBaig