ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Revision.  Appln.  No.S-40 of 2019.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

For hearing of main case.

14.02.2022.

                   Mr. Mazhar Ali Bhutto, advocate for the applicant.

                   Mr. Ali Anwar Kandhro, Addl.P.G for the State.

                                                -.-.-.-.-.-

                   The facts in brief necessary for disposal of instant criminal revision application are that the applicant filed a direct complaint for prosecution of private respondents u/s.3/4 of Illegal Dispossession Act, 2005 and subsequent to it, filed an application for restoration of possession of the area from where he allegedly was dispossessed by the private respondents; it was dismissed by learned 4^th Additional Sessions Judge, Larkana, vide order dated 29.05.2019, which is impugned by the applicant before this Court by way of instant criminal revision application.

                   It is contended by learned counsel for the applicant that learned trial Court has passed the impugned order in slipshod manner without considering the material which was brought on record, therefore, such order being illegal is liable to be set aside.

                   None has appeared on behalf of the private respondents.  However, learned Addl.P.G for the State by supporting the impugned order has sought for dismissal of the instant criminal revision application.

                   I have considered the above arguments and perused the record.

                   As is evident of the record, the applicant has never been dispossessed by the private respondents and there is dispute between the parties over demarcation of the subject land. In these circumstances, learned trial Court was right to dismiss the application of the applicant for restoration of possession of the subject land, by way of impugned order, which is not calling for any interference by this Court by way of instant criminal revision application; it is dismissed accordingly.                                                                                           JUDGE