ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition No.S-202 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on office objection “A”

02. For orders on maintainability of M.A.No.471/2021.

26.11.2021

                        M/S. Altaf Hussain Surhio & Abdul Rehman A. Bhutto

Advocates for the petitioner.

M/S. Ali Nawaz Ghanghro & Muhammad Hashim Soomro, Advocates for the respondent No.1

Mr. Abdul Hamid Bhurgri, Addl.A.G.

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IRSHAD ALI SHAH, J;- Facts in brief necessary for disposal of the instant constitutional petition are that an application for his appointment as guardian of his kids was filed by the petitioner and against him was filed a suit for maintenance etc; by the private respondent, those were consolidated and proceeded accordingly; consequently, application filed by the petitioner for his appointment as guardian of his kids was dismissed, while the suit filed against him by the private respondent for maintenance etc; was decreed by learned trial Court; such decree on appeal was maintained by learned Appellate Court, it is in these circumstances, the petitioner has preferred the instant constitutional petition before this Court.

                        On asking learned counsel for the parties before the Court were fair enough to state that the learned Appellate Court has not framed the points for determination before disposal of the appeal, which is mandatory as per Rule 206 of Sindh Civil Court Rules. By admitting so, they consented for remand of the matter to learned Appellate Court for re-writing of its judgment, after framing the points for determination.

                        In view of above, the impugned judgment is set aside, with direction to learned Appellate Court to re-write the same afresh, after framing the points for determination, in accordance with law.

                        The instant constitutional petition is disposed of accordingly.

  J U D G E