ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Civil Rev. Appln No.S-13 of 2025

_________________________________________________________

DATE              ORDER WITH SIGNATURE OF HON’BLE JUDGE_______

1. For orders on office objection “A”.

2. For orders on C.M.A No.115/2025

3. For orders on C.M.A No.116/2025

4. For hearing of main case.

24-02-2025

Mr. Vinod Kumar G. Jessrani, advocate for the applicants.

--------

Khalid Hussain Shahani, J.- The applicants, have revoked the Revisional Jurisdiction against the concurrent findings of the courts below, whereby plaint of F.C suit No.113/2019 was rejected by the learned Senior Civil Judge K.N. Shah under Order VII Rule 11 CPC and Civil Appeal No.18/2021 filed by the appellants also dismissed by the court of learned 1-Additional District Judge, mehar.

            Heard and perused.

            Record reflects that previously Muhammad Suleman, the predecessor in interest of applicants No.1-A to No.1-J, and Roshan Ali, applicant No.2 filed a F.C Suit No.53/1983 Re(Muhammad suleman & another V. Abdul Khaliq & others) in respect of same suit property viz S. No.206 of Deh Bawan, Taluka K.N Shah, which was subject matter of recently filed F.C Suit No.113/2019, was dismissed by the learned Senior Civil Judge K.N Shah, vide Judgment and Decree dated 23-12-1987 and 30-12-1987 respectively. Civil Appeal No.16/1987 filed against such judgment & decree too was dismissed vide judgment dated 30-01-1990. The applicants concealing such facts filed suit referred herein above. Taking notice of such a scenario, learned trial court rightly rejected the plaint of the suit holding that it was not only time barred, but also hit by the principle of Res-judicata and undervalued.

            The factum of applicant’s approach to the trial court after lapse of 29 years of previous suit filed by their predecessor in interest has rightly been considered by the learned appellate court to decline interference with the order and decree by rejecting the plaint. It also appears that F.C suit No.123/1998 Re(Mevo Khan V. The Province of Sindh & others) was also filed by the private respondents against the applicants regarding same property referred hereinabove. A new No.85/2000 was subsequently assigned to it having been decreed by the learned trial court on the statement of applicants that they will not dispossess the plaintiffs (Respondents No.6 & 6-A to 6-I), was not challenged by the applicants, hence attained its finality. Therefore, the finding of learned trial court regarding F.C suit No.113/2019 being time barred and hit by the doctrine of Res-judicata were correct and rightly maintained by the appellate court.

            Learned counsel for the applicants failed to point out any illegality whatsoever in the concurrent findings of two courts below being based on the sound reasons, warrants no interference. Accordingly, Civil Revision Application stands dismissed in limine along with listed applications.

JUDGE

S.Ashfaq/-