ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Civil Revision Appln.No.S-24 of 2017

DATE                         ORDER WITH SIGNATURE OF JUDGE

For hearing of main case.

27.03.2023.

Syed Zamir Ali Shah, Advocate for applicants.

Mr. Faiz Muhammad Larik, Advocate for respondent No.1.

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Facts in brief necessary for disposal of instant civil revision application are that a suit for Specific Performance of Contact and Permanent Injunction was filed by Sharabat Khan; the plaint whereof was rejected under Order 7 Rule 11 CPC by learned 1^st Senior Civil Judge, Jacobabad, vide order dated 21.05.2015; it was impugned by Sharbat Khan preferring an appeal; it was dismissed by learned 1^st Additional District Judge, Jacobabad, vide judgment dated 02.03.2017. While dismissing the appeal, learned Appellate Court directed the Deputy Commissioner, Jacobabad to hold inquiry under West Pakistan Revenue Act, 1967 and mutate Khata and make partition of property under Section 133 of the Land Revenue Act, amongst all legal heirs of late Karim Bux as per their entitlement; it was in these circumstances, the instant civil revision application has been preferred by the applicants challenging the order of learned Appellate Court with regard to the direction so issued by him against the Deputy Commissioner, Jacobabad.

            It is contended by learned counsel for the applicants that the direction so issued by learned Appellate Court was not prayed for by either of the party, therefore, the impugned judgment only to the extent of such direction is liable to be set aside, which is opposed by learned Addl.P.G and learned counsel for the private respondents by contending that it has been issued to meet with the ends of justice.

            Heard arguments and perused the record.

            The learned Appellate Court after dismissal of the appeal obviously was having no jurisdiction to have ordered the Deputy Commissioner Jacobabad to hold inquiry under West Pakistan Revenue Act, 1967, and to mutate Khata and make partition of the property under Section 133 of the Land Revenue Act, amongst all legal heirs of late Karim Bux as per their entitlement, which obviously was not prayed for by either of the party.  By issuing such direction, learned Appellate Court has not exercised its jurisdiction properly. Consequently, the impugned judgment only to the extent of such direction is set aside.

            The instant civil revision application is disposed of accordingly, with no order as to costs.                                  

JUDGE