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*