ORDER SHEET
IN THE HIGH COURT OF SINDH AT
KARACHI
C.P.No.S- 687 of 2022
Date Order
with signature of Judges
Fresh
Case
1. For orders on CMA No. 4482/2022
(U/A)
2. For orders on CMA No. 4383/2022
(Exemption)
3. For orders on CMA No. 4384/2022
(Suspended the operation)
4. For hearing of main case
02.08.2022
Ms. Shagufta Parveen Khan advocate for the
petitioner
-.-.-.-.-.-.-.-.-.
1. Urgent
application is granted.
2to4. The facts in brief necessary for disposal of
instant petition are that the private respondent obtained a decree of
maintenance against the petitioner after putting up a hard legal battle. It was
followed by filing of an execution application, it was allowed. Subsequently, on
application of the petitioner, he was allowed to pay the decreetal amount in
easy installments of Rs.20,000/- per month with current maintenance by learned
trial Court vide order dated 14.07.2022. It was impugned by the petitioner by
preferring a Revision application, it was dismissed by learned VII-Additional
District Judge (MCAC), Karachi South vide order dated 29.07.2022 which is impugned
by the petitioner before this Court by way of instant petition.
It is contended by the learned counsel
for the petitioner that the petitioner is low paid employee at cloth shop,
therefore, he is not in a position to pay the decreetal amount even in
installments as is ordered by learned trial and revisional Courts, therefore,
such orders are liable to be examined by this Court.
Heard arguments and perused the
record.
Apparently the decree passed against
the petitioner has attained finality, therefore, its terms could hardly be
changed. Be that as it may, the Courts below by allowing the petitioner to pay
decreetal amount in easy installments of Rs.20,000/- per month with current
maintenance has already favoured him. No further favour is called for. No legal
justification is advanced, which may justify this Court to make interference
with the impugned orders in exercise of its constitutional jurisdiction.
Consequently, the instant petition being misconceived is dismissed in limine together with listed applications.
JUDGE