ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr. Misc. Appln. No. S-350 of 2024
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Date |
Order with signature of Judge |
1. For order on office objection.
2. For orders on M.A No. 5786/2024.
3. For hearing of main case.
4. For hearing of M.A No. 5787/2024.
Mr. Mehboob Ali Dongah, advocate for the applicant
Mr. Sher Ali Chandio, advocate for respondent No.1.
Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State
Date of hearing: 04-02-2025.
Date of order: 12-02-2025
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O R D E R
Omar Sial, J.- An order dated 27.09.2024, passed by the learned 1st Additional Sessions Judge, Mehar, has been challenged. In terms of the order, the learned judge took cognizance of a complaint filed under the Illegal Dispossession Act of 2005. Imdad Ali Sehol filed the complaint against Badaruddin.
2. The learned trial judge has given cogent reasons in the impugned order for taking cognizance. He has noted that the land in question is registered in the records as owned by the complainant's father and that an inquiry conducted by the court through the SHO and the Mukhtiarkar returned reports in favor of the complainant. The problem, as I understand from the applicant’s counsel, is that there may be land submerged in water and that the Mukhtiarkar could not identify the boundaries of land owned by the applicant and the complainant. Be that as it may, what the correct situation on the ground is and what land is in whose possession requires evidence to be led. I am not inclined to interfere with the learned trial court’s order, taking cognizance. I do not doubt that the learned trial court will consider the applicant's stance regarding the demarcation of the land and whether the issue involves encroachment or illegal dispossession. Civil courts would be the most competent forum for deciding such an issue if ownership cannot be determined.
3. The application is disposed of under the above terms along with pending applications.
JUDGE