Order Sheet
IN
THE HIGH COURT OF SINDH KARACHI
Const.
Petition No. S – 2185 of 2016
Date
|
Order
with signature of Judge |
Hearing Case
(Priority) :
1. For orders
on CMA No.6875/2017 (Sec. 14 CPC) :
2. For orders
on office objection :
3. For hearing
of CMA No.9823/2016 (Stay) :
4. For hearing
of Main Case :
04.10.2018 : Mr. Muhammad Ali Waris Lari, advocate for
the petitioner.
Syed Abdul Tawwab, advocate for respondents 2 and 3.
Mr. Perwaiz Akhtar, State Counsel.
…………
Family Suit No.2601/2013 was filed by
respondents 2 and 3 against the petitioner for recovery of past and future
maintenance as well as dower amount of Rs.50,000.00, which was decreed by the
learned Family Court vide impugned judgment and decree dated 07.09.2016. Family
Appeal No.136/2016 filed by the petitioner against the said judgment and decree
was dismissed by the learned appellate Court vide impugned order dated
19.11.2016 on the ground that it was barred by limitation. The above judgment,
decree and order have been impugned by the petitioner through the instant
petition.
Record
shows that the Suit was decreed against the petitioner on 07.09.2016 and the
appeal against the said decree was filed by him on 31.10.2016. By observing
that there was a delay of 24 days in filing the appeal, it was held by the
learned appellate Court that the delay of each and every day was not explained
by the petitioner and as such he was unable to make out a case for condoning
the delay. In view of such failure on his part, I do not find any infirmity or
illegality in the impugned order. Accordingly, the petition and listed
applications are dismissed with no order as to costs.
J U D G E
*CP S-2185-16/04.10.2018/Short Orders
Single/Court Work/E*