ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-690 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 M.A.No.89/2022 (E/A).

03. For hearing of main case.

01.03.2022

                        Mr. Shakeel Ahmed Abro, Advocate for the petitioners.

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                        Facts in brief necessary for disposal of instant constitutional petition are that the petitioners filed a suit for removal of encroachment, on water-course leading to his agricultural lands at Dokri; it was dismissed by Anti Encroachment Tribunal Larkana vide order dated 11.10.2021, which is impugned by them before this Court by preferring the instant constitutional petition.

                        It is contended by learned counsel for the petitioner that the encroachment is there; therefore, the finding of learned tribunal that there is no encroachment was contrary to record. By contending so, he sought for setting aside of the impugned order.

                        Heard arguments and perused the record.

                        Learned tribunal has dismissed the suit of the petitioners by making a conclusion that no encroachment was found against the private respondents. No justification is advanced which may make this Court to take contrary view; if taken, would involve factual controversy. No illegality even otherwise is pointed in impugned order, which may justify this Court to make interference with it. Consequently, the instant constitutional petition is dismissed in limine together with listed application.

JUDGE

           JUDGE