ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt: Petition. No.S-72 of 2023

 

Date

               Order with signature of Judge

 

01.   For orders on M.A.No.209/2023.

02.   For orders on office objection “A”.

03.   For orders on M.A.No.171/2023

04.   For hearing of main case.

 

27-03-2023

Mr. Imtiaz Ali Jatoi, Advocate for the petitioner.

                                    =*.=*.=*.=*.=*.=*.=*=

                        Facts in brief necessary for disposal of instant petition are that the petitioner filed an application for her appointment as guardian of her kids named Areesha aged about 13 years, Abdul Aziz aged about 08 years, Fahad and Aalia aged about 07 years; it was dismissed by learned Guardian Judge, Larkana, vide judgment dated 29.09.2022, it was impugned by her by preferring an appeal; it was also dismissed by learned 4th Additional District Judge, Larkana, vide judgment dated 01.02.2023, which she has impugned before this Court by preferring the instant petition.

                        It is contended by learned counsel for the petitioner that the learned Trial and Appellate Courts have not appreciated the evidence properly. By contending so, he sought for setting aside of the impugned judgment.

                        Heard arguments and perused the record.

                        The concurrent finding of Court below is based on well appraisal of the evidence. It is settled by now that the factual controversy could not be resolved by this Court in exercise of its constitutional jurisdiction, such jurisdiction even otherwise could not be invoked by the individuals as a substitute of revision application. No illegality is apparent which may justify this Court to make interference with the impugned judgment; consequently, the instant petition being misconceived is dismissed in limine together with listed applications, with no order as to costs.

     JUDGE