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

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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