ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 351 of 2008

Date of hearing

Order with signature of Judge

Hearing of case (priority)

1. For hearing of CMA No.15098/2016 (VI Rule 17, CPC)

2. For hearing of CMA No.928/2008 (S/A)

3. For hearing of main case

(Notice issued to respondents)

04.12.2018

Mr. Abdul Qayoom Qureshi, Advocate for the petitioner.

Mr. Muhammad Mehmood Khan Yousfi, Deputy Attorney General.

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This petition is pending since 2008 seeking declaration that respondents be restrained from interfering in the property of the petitioner as detailed in para 2. The petitioner has not prayed in the memo of petition and/or in the prayer clause that it may be declared their property. This is only a negative declaration that he is seeking. When confronted with the counsel, he has taken us to the revenue record as attached along with the memo of petition. This could hardly be considered under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and any declaration to the extent of title could not be framed within the purview of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. In case he has any grievance against the respondents and in case he claims subject property as his own, he may approach the relevant forum / Civil Court having jurisdiction in this regard.

This petition, being misconceived, is dismissed along with the listed applications.

J U D G E

Abdul Basit