IN THE HIGH COURT OF SINDH

AT LARKANA

Civil R. A. S-102 of 2023    :           Aftab Hussain and others vs.

Ghulam Fatima and others.

For the Applicants               :           Mr. Waqar Ahmed A. Chandio,

Advocate

For Private Respondents   :           Mr. Aijaz Ahmed S. Mangi, Advocate.

For Official Respondents   :           Mr. Abdul Hamid Bhurgri, Additional

Advocate General Sindh assisted by Mr. Abdul Waris Bhutto, Assistant Advocate General, Sindh.

Date of hearing                    :           22.04.2024

Date of Judgment                :           22.04.2024

ORDER

Agha Faisal, J.  Learned counsel for the Applicants submits that the grounds raised in the Appeal have not been addressed in the impugned appellate judgment, dated 09.05.2023 and passed by VI-Additional District Judge Larkana in Civil Appeal No.116 of 2022, and the same has been rendered in a perfunctory manner, hence unsustainable.

Learned Additional Advocate General, Sindh draws attention to the impugned judgment and says that it is prima facie not a speaking order and paragraph-9 thereof is the only addition by the learned appellate Judge, the rest being mere repetition and reproduction.

Learned counsel for the Applicants submits that it may be just and proper for the matter to be remanded back to the appellate Court for determination afresh inter alia in compliance with Order 41 Rule 31 C.P.C, in line with the edict of the Supreme Court in Pakistan Refinery vs. Barrett Hodgson & Others reported as 2019 SCMR 1726.

Learned counsel representing private Respondents and the learned Additional Advocate General, Sindh submit that it is just and proper for the matter to be remanded for decision afresh per the law.

In view hereof, and by consent of all learned counsel, the impugned judgment dated 09.05.2023, passed by VI-Additional District Judge, Larkana in Civil Appeal No.116 of 2022 is hereby set aside and the matter is remanded back to the appellate Court for determination afresh in accordance with law. This revision is allowed in the above terms.

Judge

Manzoor