IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt. Petition No.S-72 of 2025

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on O/objection at flag-A.

2. For orders on CMA No.226/25.

3. For orders on CMA No.227/25.

4. For hearing of main case.

25.08.2025

Syed Adnan Ali Shah Kazmi, Advocate for petitioners.

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1. As to the office objections, learned counsel for petitioners has complied the same by way of filing statements.

Learned counsel for this Constitution Petition challenges the findings of Family Court whereby the respondents filed the suit against the petitioners who are in-laws for recovery of claim dowery articles alongwith jewelry. The background present on record further shows that learned trial Court concluded the matter after evidence whereby the suit of the plaintiff/respondent was decreed for the claim dowery articles except jewelry. Only the respondents thereafter filed appeal thereto which was allowed by the order dated 25.01.2025 and this Constitution Petition has been filed thereafter.

Learned counsel for the petitioners contended that the learned appellate Court had considered the impugned judgment on the basis of admission as understood which is not bearing from the record. It is further contended that the present petitioners had deposed about and had admitted only some of furniture whereas the other goods were denied alongwith gold ornaments. Learned counsel requires notice to be issued to the respondents.

Having heard the learned counsel and gone through the record. The contention of learned counsel for the petitioners as to the admission though is present to the extent that the material was only in respect of some of the furniture however, with the able assistance of learned counsel for the petitioners I have gone through the whole of the evidence. Apparently, the learned trial Court without discussing the presumption of jewelry being carried by a woman’s denied the same however, the learned appellate Court on the basis of evidence as available allowed the appeal. In the said circumstances where the parties have already led their evidence at the available statutory forums who have exercised as the powers of a conclusion and determination of facts and law this forum of Constitution Petition being available to disturb some major element for any exercise of powers in this regard which is not found available. Primarily, as the present petitioners had preferred not to file the appeal in the first place from the trial Court judgment. The evidence as bearing from the record was appreciated for determination of a fact with having similarity and no distinguishable element shown the same is not found liable to be disturbed in respect of jewelry only and accordingly this petition having no merit is dismissed alongwith listed applications.

J U D G E

Ihsan/PS