Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

C.P.NO.D-467 OF 2009.

Date              Order with signature of Judge

09.03.2010.

1. FOR KATCHA PESHI.

2. FOR HEARING OF MA. NO.2396 OF 2009.

Mr. Muhammad Saleem Hashmi, Advocate for the petitioner.

Mr. Anwar H. Ansari, Advocate for AAG.

Mr. Irshad Ali Danwar, Advocate for the respondents No.7 to 9.

Mr. Jhamat Jethanand, Advocate for intervener.

. . . .

      The learned counsel for the petitioner submits that he has filed this petition for restoration of electricity to his water pumping machine, which now has been restored. He however, requests for an order directing the respondents not to disconnect such electricity supply in future also.

Learned counsel for the petitioner further submits that since the irrigation authorities have removed the water pumping machine on the pretext that the same is fixed/installed close to the canal, which is not permissible under the law, such act was challenged by the petitioner through a civil suit, which suit has been dismissed and now an appeal is pending before the appellate Court. He submits that till the disposal of the aforesaid appeal this Court may restrain the HESCO authorities not to disconnect the electricity supply to the water pumping machine.

Since an appeal is pending against the dismissal of the petitioner's suit, the petitioner may seek such remedy before the appellate Forum, which shall be decided on its own merits.

      It is clarified that the above order shall not prejudice/effect the right of the proposed intervener, if any.

      The petition is disposed of alongwith the pending application, in the above terms.

                                                      JUDGE

                                          JUDGE

S.