ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Civil Misc. Appeal No.S-01 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

29.11.2021

                        Mr. Liaquat Ali Shar, A.A.G for the applicants.

                        Mr. Irshad Ali Chandio, Advocate for private respondents.

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IRSHAD ALI SHAH, J.- The appellant by way of instant Civil Misc. Appeal has impugned order dated 16.01.2020, which is passed by an Additional District Judge in capacity of Incharge Senior Civil Judge, Qamber, the operative part whereof reads as under;

“The defendant No.1 is hereby directed to not take any action against plaintiffs without adopting due course of law within intimation to this Court and the other defendants are further directed not to demolish the houses of plaintiffs as well as not to raise the any construction over the suit property, which is under the possession of the plaintiffs”.

                        It is contended by learned A.A.G that the private respondents are encroachers and learned Incharge Senior Civil Judge has protected the encroachment by way of impugned order, therefore, such order being illegal is liable to be set aside.

                        Learned counsel for the private respondents has sought for dismissal of the instant Civil Misc.Appeal by contending that the impugned order is no more in existence to be set aside by this Court.

                        I have considered the above arguments and perused the record.

                        It was specifically stated by learned Incharge Senior Civil Judge impugned order that it would remain in force for the period of six months and such period obviously has expired; its extension as per learned counsel for the private respondents has not been sought for. In these circumstances, it would be hard to examine the legality of the impugned order.

                        In view of above, the instant Civil Misc. Appeal is dismissed having become infructuous with directions to learned trial Court to dispose of the very suit within two months positively, after receipt of copy of this order.

                        No order as to costs.

 J U D G E