ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C. P No. S- 824 of 2018

Date Order with signature of Hon’ble Judge

Hearing of case

1. For orders on office objection at flag ‘A’

2. For hearing of main case

3. For orders on CMA No.10211/2018

22.04.2019

Mr. Niaz Hussain Maitlo Advocate for the petitioner

Mr. Fida Hussain Sahito Advocate for private respondent

Mr. Noor Hassan Malik, AAG Sindh

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The facts necessary for disposal of instant Constitution petition are that the private respondent filed a suit for Recovery of Dowry Articles and Maintenance against the respondent/defendant, it was decreed by learned Family Court Khairpur to the following effect;

“Suit of the plaintiff is decree with no order as to costs, defendant is directed to return the dowry articles or to pay an alternate value at the rate of Rs.200,000/-. Maintenance of minor is allowed Rs.4000/- per month with increase of 10% per year from filing of suit till legal entitlement. Delivery expenses is allowed Rs.10000/-“

2. The petitioner being aggrieved of above decree impugned the same by way of filing an appeal it was dismissed by learned Appellate Court, with the following observation;

“I am of the opinion that the judgment and decree passed by learned trial Court to the extent of delivery expenses is modified. The appellant/defendant is liable to Rs.15,000/- in respect of delivery expenses to the respondent/plaintiff with the decree for the remaining relief awarded by learned trial Court is maintained. The appeals preferred by both the parties are accordingly disposed of with no order as to costs”

3. The petitioner being aggrieved of the decree passed in appeal has impugned the same before this Court.

4. It is contended by learned counsel for the petitioner that the judgments passed by learned trial and appellate Courts are based on misappraisal of evidence as such those are liable to be set-aside.

5. Learned counsel for the private respondent and learned AAG have sought for dismissal of the instant Constitutional petition by supporting the judgments passed by learned trial and Appellate Courts.

6. I have considered the above arguments and perused the record.

7. There is no denial to the fact that the petitioner and the respondent had been in wedlock and they have been blessed with a kid. The delivery of the dower articles to the respondent have been admitted by the petitioner impliedly. No miscarriage illegality in judgments of learned trial and appellate court are pointed out. No miscarriage of justice is evident. In that situation, the judgments and decree(s) passed by learned trial and appellate Courts could not be interfered with by this Court in exercise of its Constitutional jurisdiction under the pretext that learned trial and appellate Courts have mis-appraised the evidence brought on their file by the parties.

8. Consequent upon the above discussion, the instant Constitutional petition fails and it is dismissed accordingly with no order as to costs.

Judge

ARBROHI