ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Civil Revision Application No.S- 55 of 2018.

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DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For hearing of cases.

1. For orders on CMA 339/2018 (E/A)

2. For hearing of main case.

28-05-2018.

Mr. Irfan Ali Soomro Advocate for applicant.

Mr. Permanand @ Prem Kumar Advocate for respondents1 to 3.

Mr. Abdul Ghaffar Memon State Counsel.

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This is a revision against order dated 01.03.2018 handed down by learned District Judge Sukkur in Civil Transfer Application No. 05/2018, whereby the transfer application filed by the present applicant was dismissed.

Mr. Irfan Ali Soomro Advocate for applicant argued at length and has referred to the dispute between the parties hereto since its inception; that after judgment dated 25.8.2009 in Civil Appeal No. 29/2008 in favour of present applicant the matter was contested by the private respondents upto Honourable Supreme Court but without any success. It has been argued that though the Decree has also been satisfied in the execution proceeding and finally on 15.01.2016 the writ of recovery was also issued, the present respondent No.1 has filed an application under Section 12(2) of CPC, before the learned trial Court, which was not only entertained but notices were issued and taking undue advantage of that, the private respondents managed to get the land produce stopped by respondent No.5 / Mukhtiarkar Revenue Pano Akil. His second ground as mentioned in the present revision is that since all the cases related to lands falling in Taluka Pano Akil have already stood transferred to the learned Senior Civil Judge Pano Akil having jurisdiction in such matters, thus the above proceedings may also be given same treatment.

Mr. Permanend @ Prem Kumar Advocate representing private respondents have disputed the stance of applicant and stated that no adverse order till date has been passed by the learned Senior Civil Judge-II, Sukkur. He has further contended that no justifiable ground has been mentioned by the applicant side in support of their relief viz. for transferring the proceedings under section 12(2) of CPC as well as writ of recovery from the Court of learned Senior Civil Judge, II-Sukkur to learned Senior Civil Judge Pano Akil.

The learned State Counsel who is present in Court in some other matters has been specifically queried and he has replied in affirmative that after establishment of Court of Senior Civil Judge at Pano Akil, all the matters, inter alia; relating to the properties of Taluka Pano Akil have been transferred from the Courts of Sukkur to the learned Senior Civil Judge at Pano Akil.

Without touching upon the merits of the case, since admittedly the subject property is situated in Deh Tali, Taluka Pano Akil, therefore, like other cases/matters the subject matter be heard and decided by the court having jurisdiction. This undisputed factor escaped the notice of learned District Judge, Sukkur while passing the impugned order. When the present Civil Court at Sukkur does not have territorial jurisdiction, then it cannot proceed further. Consequently, the impugned Order suffers from material irregularity and is set aside. Accordingly, this civil revision is accepted to the extent only that the recovery of writ proceedings as well as under section 12(2) of CPC filed by the present applicant and respondent No.1 respectively will stand transferred to the court of learned Senior Civil Judge at Pano Akil who it is expected will decide the above matters/cases expeditiously and within parameters of law and keeping in view the well established legal principle ‘that justice should not only be done but it should manifestly seen to be done’.

Civil Revision is disposed of in the above terms.

JUDGE

Irfan/PA.