ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. S – 3687 of 2014

Date of hearing

Order with signature of Judge

Hearing of case

For hearing of main case

(Notice issued)

07.09.2018

Mr. Kashif Hussain Shaikh, Advocate for the petitioners.

Respondent No.5 Ahsan Anwar, present in person.

Agha Athar Hussain Pathan, Assistant Advocate General Sindh.

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This petition is pending since 2014, and the counsel for the petitioners are not regular and punctual in appearance. They were called absent on several dates of hearing, and at some occasions brief was held. The petitioners have prayed that the act of constant harassment and dispossession of the petitioners in connivance with each other are without due course of law. Similarly, other prayer clauses are of such nature that these cannot be adjudicated in these proceedings under Article 199 of the Constitution of the Islamic Republic of Pakistan. In case the petitioners have any right over the property and in case any act of harassment is being made, the petitioners may invoke the jurisdiction of Ex-Officio Justice of Peace and Civil Court or any other forum which has jurisdiction in the matter for redressal of the grievance. Such issue of harassment, and entitlement to property, having disputed questions of facts requires determination by way of evidence, cannot be adjudicated in these proceedings. At this stage, learned counsel who has also filed vakalatnama requests that it may be disposed of leaving petitioners to avail their remedy in accordance with law. Order accordingly.

J U D G E

Abdul Basit