ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-569 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

01. For orders on office objection “A”.

02. For orders on M.A.No.2517/2021 (E/A).

03. For hearing of main case.

22.12.2021

                        Mr. Nizamuddin Bhutto, Advocate for the petitioner.

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                        Facts in brief necessary for the disposal of instant constitutional petition are that a suit filed by the petitioner, for removal of encroachment was dismissed in limine by learned Presiding officer, Anti Encroachment Tribunal Larkana, by observing that a suit on similar cause of action filed by someone else has already been entertained and adjudicated; such fact has been concealed and present suit is not disclosing the cause of action, vide his order dated 01.09.2021, which is impugned by the petitioner before this Court by preferring the instant constitutional petition.    

                        It is contended by learned counsel for the petitioner that the parties in earlier suit were different, therefore, the learned Tribunal ought not to have dismissed the suit of the petitioner in limine by way of impugned order and such order being illegal is liable to be set aside.

                        We have considered the above arguments and perused the record.

                        Apparently, there is dispute between the parties on possession over public property and such dispute as per impugned order has already been entertained and adjudicated; the same could not be revived mainly for the reason that the parties now are different. No illegality even otherwise is pointed out in impugned order, which may justify making interference with it by this Court by way of instant constitutional petition, it is dismissed in limine together with listed application.

JUDGE

            JUDGE