ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.S-55 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 hearing of M.A.No.177/2021 (S/A).

03.  For hearing of main case.

14.03.2022

                        Mr. Shakeel Ahmed Ansari, Advocate for the petitioner.

                        Mr. Irfan Ahmed Memon, Advocate for private respondent.

Mr. Abdul Hamid Bhurgri, Addl.A.G Sindh.

 

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                        Facts in brief necessary for disposal of the instant constitutional petition are that a suit for dissolution of marriage, maintenance and recovery of dowry articles was filed by private respondent; it was disposed of on 03.02.2020, by learned trial Court; such disposal was impugned by the petitioner and the private respondent by filing two separate appeals; those were disposed of on 28.01.2021, by learned appellate Court; such disposal 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 learned trial and appellate Courts have misread the evidence; therefore, the impugned judgment is liable to be set aside.

                        Learned A.A.G Sindh and learned counsel for the private respondent by supporting the impugned judgment have sought for dismissal of the instant constitutional petition by contending that the execution proceedings have since been disposed of with consent of the parties.

                        Considered the arguments and perused the record.

                        The execution application has been disposed of finally by learned trial Court. The writ is not substitute of revision application; even otherwise, no factual controversy could be resolved by this Court in exercise of its writ jurisdiction. No jurisdictional error or illegality is pointed out in the impugned judgment, which may justify this Court to make interference with it by this Court by way of instant constitutional petition; it is dismissed accordingly a/w listed application.

                        No order as to costs.                                                                   JUDGE