IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D213of 2013                  :           Muhammad Mithal & anotherVs.

                                                            Director Anti Encroachment Force & others

For the Petitioner                 :           Mr. Nisar Ahmed G. Abro, advocate

For the Respondents          :           Mr. Liaquat Ali Shar, AAG Sindh

Date of hearing                    :           08.03.2022

Date of announcement      :           08.03.2022

ORDER

Agha Faisal, J.         The petitioners seek review of order dated 01.02.2022, whereby the petition was dismissed on account of being misconceived. The entire premise of the application is that since the respondents had not provided the petitioners with the documentation sought, hence, the petition ought not to have been dismissed.

            The impugned order was rendered upon due appreciation of the facts and circumstances and admittedly no cavil has been articulated to the finding of the petition being misconceived. Any documentation sought by the petitioners becomes wholly irrelevant since the Court has already held that the invocation of writ jurisdiction was not warranted. Furthermore, any ad / interim order suggestive of procuring documentation also did not survive the dismissal of the petition. Even otherwise any supplemental documentation would simply make this petition even less likely to have been entertained on account of factual controversies.

            It is clear that the jurisdiction of this Court in review proceedings is limited to the ambit of Section 114 read with Order 47 CPC.  The entire thrust of the arguments advanced by the applicant's counsel was directed towards justifying an admitted discrepancy / re-agitation of issues already considered / addressed and there was absolutely no effort to identify any mistake or error apparent on the face of the record or any other sufficient reason justifying a review of the Order. This Court has duly appraised the contents of the present application and the arguments advanced by the applicant's counsel and is of the considered opinion that no grounds for review have been made out. The applicant has not demonstrated the discovery of any new and important matter which could not have been addressed earlier; has failed to identify any mistake apparent on the face of record; and finally no reason has been advanced to justify the review of the order. It is thus the considered view of this Court that this application is devoid of merit, hence, the same is hereby dismissedin limine.

                                                                   JUDGE

JUDGE