IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Civil Revision Application No.134 of 2015

Zameer Hussain S/o. Moula Bakhsh,

by caste Narejo, R/o. Village Thathi

Taluka Sobhodero, District Khairpur ……………….......Applicant

Versus

1). Mst. Sonan D/o. Late Muhammad Sajan,

W/o. Muhammad Pannah.

2). Muhammad Sajjan S/o. LadhoNarejo,

deceased through his Legal Heirs:-

(a) Muhammad Photal, Son

(b) Mst. Shareefan, Daughter.

SajjanNarejo, deceased through his Legal heirs:-

(i) Muhammad Ali, Son

(ii) Umed Ali, Son

(iii) Mst. Sanam, Daughter

(iv) Mst. Zuhra D/o. Fakir Muhammad,

by caste Narejo, deceased through

her Legal Heirs:-

(1) Baby Najeeban, Daughter

(2) Baby Ajeeban, Daughter

(3) Jinsar Ali, Son

All by caste Narejo, R/o. Village Dhani Thatti,

Taluka Sobhodero, District, Khairpur.

4). MoulaBux S/o. Muhammad SajanNarejo

Deceased through his legal heirs,

1. Muhammad Awais

2. Ashique Ali

3. Zahid Ali

4. Arbailo

5. Mst. Mukhtiar

6. Mst. Yasmeer

7. Mst. Banul

All by caste Narejo R/o. Village DhaniThatti,

Taluka Sobhodero, Distt: Khairpur Mir’s,

5). Sub Registrar Gambat

6). TapedarDehThatti

7). Mukhtiarkar Revenue Sobhodero

8). Province of Sindh,

through Secretary Revenue

Department, Govt: of Sindh, Karachi………………Respondents

Date of hearing : 14-5-2018

Date of Decision : _________

Applicant : Through Mr.Gulzar Ali Gilal

Advocate.

Respondent : Nemo

O R D E R

Muhammad Faisal Kamal Alam, J: This Civil Revision was reserved to consider the Office objections about maintainability. The Applicant (Zameer Hussain) has preferred this Civil Revision under Section 115 of CPC, against the order dated 13.11.2015 passed by the learned Court of Additional Sessions Judge (Gambat) in a Civil Revision No. 7 of 2015, earlier preferred by the same Applicant, in which he has impugned the order dated 05.03.2015 passed by the learned Senior Civil Judge (Gambat) on the application filed by the present Applicant under Section 12(2) of Civil Procedure Code (CPC), which was dismissed, while allowing the Execution Application of present Respondent No.1 Mst. Sonan daughter of (Late)Muhammad Sajan.

1. The relevant facts for deciding the present Civil Revision is that the present Respondent No.1 has instituted a First Class Suit No.15 of 2011, inter alia, seeking declaration that the present Respondent No.1 (Mst. Sonan) is also one of the legal heirs of late Sajan and thus entitled to her share in the estate left by her deceased father, the said Sajan son of Ladho Narejo. She has also challenged the revenue entries in favour of present private Respondents including foti khata, where under, the name of present Respondent No.1 (Mst. Sonan) was not shown as one of the legal heirs of her father in respect of the landed property bearing survey numbers 996, 997, 1143, 428, 1102, 927 and 397, falling in Deh Thatti, Taluka Sobhodero, District Khairpur.

2. The present private Respondents contested the above suit and led the evidence and the learned Trial Court pronounced the Judgment dated 29.11.2013 and decreed the suit in favour of present Respondent No.1. In the intervening period, the present Applicant preferred an Application under Section 12(2) of CPC before the learned Trial Court, which after hearing the counsel for the parties was dismissed vide Order dated 05-03-2015. The main contention of present Applicant is that he was not impleaded as a party in the above suit though he is also one of the legal heirs, whereas, in the Counter-Affidavit (Objections) filed by the present Respondent No.1 {to the Application under Section 12(2)}, the present Respondent No.1 has specifically took the plea that in fact present Applicant is Ashique Ali, who admittedly was impleaded as one of the Defendants. It is noteworthy to mention that when the present Civil Revision was pending, on 28.03.2016, an issue of maintainability was framed, based on the observation that the above Counter-Affidavit of present Respondent No.1 to the above said Application under Section 12(2) of CPC, has specifically stated that the real name of present Applicant is Ashiq Ali, who was already impleaded as one of the Defendants and legal heirs of Moula Bakhsh and since the present Applicant did not file any Affidavit-in-Rejoinder to this factual assertion of present Respondent No.1, therefore, the same has gone unrebutted. Till date, the present Applicant has not produced any documentary evidence to refute the stance of Respondent No.1 or to address the above observation of this Court contained in the Order of 28-3-2016.

3. In the intervening period, the present Respondent No.1 filed a Civil Execution Application No.3 of 2014, which was also allowed by an order dated 05.03.2015; available at page-103 of the present Court file, in which, directions are given to the official Respondents / Revenue staff to mutate the names of all the legal heirs of above named deceased in the revenue record after proper verification and identification. The said order also has specifically directed that the name of present Applicant (Zameer Hussain) should also after verification be dealt with accordingly.

4. The Court diaries show that Applicant’s side does not appear to be pursuing this matter seriously and diligently and on various dates it was adjourned.

5. On 20.4.2018, the Applicant (Zameer Hussain) was present and his request to adjourn the matter was entertained, but with a note of caution that on the next date of hearing, his counsel was required to argue the maintainability of this revision, in view of the Office objections, that how the second Civil Revision can be filed against a revisional order handed down by the learned Revisional Court below. On 14.05.2018, no one was present and the matter was reserved to consider the office objections.

6. Firstly a second Revision does not lie against the impugned revisional order dated 13.11.2015 and on this sole legal issue, this Civil Revision is liable to be dismissed. Secondly, and for the argument’s sake, if this Civil Revision is converted into a Writ Petition, even then it will not serve any purpose as both the impugned orders of Courts below have given plausible reasons for dismissing the Application under Section 12(2) of CPC, filed by present Applicant (Zameer Hussain) and both the impugned orders have given a finding of fact that at all material times, the preset Applicant was in the knowledge of litigation between the legal heirs / parties of aforesaid Suit No.15 of 2011.

7. The other inescapable aspect of the case is that the order dated 05.03.2015 passed in Execution Application No.3 of 2014, wherein, as observed hereinabove, the official Respondents / Revenue staff has been directed to mutate the names of all the legal heirs of the deceased and particularly after ascertaining the real name and identity of present Applicant (Zameer Hussain), in the Jalsa-e-Aam, has served the purpose of proceeding initiated by the present applicant.

The upshot of the above is that the office objection is sustained and the present Civil Revision is dismissed being meritless.

JUDGE

Irfan/PA