IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

2^nd Civil Appeal S-04 of 2022                    Muhammad Ali Soomro &

            Vs. Mst. Sakina Soomro

For the Appellants                           :           Mr. Tufail Ahmed Kumbhar  

Advocate

Date of hearing                                :           04.03.2022

Date of announcement                  :           04.03.2022

ORDER

Agha Faisal, J.         (1) Over ruled. (2) Granted; subject to all just exceptions (3&4) The appellant is aggrieved by the judgment and decree passed by the learned Family Judge K.N. Shah and the judgment in appeal upholding the same. The learned trial court had directed the applicant to pay maintenance for his minor daughters and the learned Appellate Court reduced the quantum of future maintenance from Rs.5000/- to Rs.4000/-. The appellant remained aggrieved and filed a constitutional petition which was dismissed in limine, vide order dated 14.01.2022. The court observed that the appellant had already exhausted his remedy in accordance with the law and there was no further provision or justification to perpetuate the litigation in such regard. The appellant has now filed this second appeal and on the last date of hearing was confronted as to how the same was maintainable as per the West Pakistan Family Courts Act, 1964. Learned counsel remained unable to satisfy this court on such account. It is hereby observed that appeal is a creation of statute and that unless a specific statutory prescription provides for the same no cause arises in such regard. Without prejudice to the foregoing, the learned counsel has been unable to demonstrate that the grievance claimed merits interference within the ambit of Section 100 C.P.C, therefore, no case is made out in view of Section 101 of C.P.C. In view of the foregoing, instant 2^nd civil appeal is dismissed in limine.

JUDGE