ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

C.P.No.S-  118  of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

14.09.2010

Petitioner present in person.

Mr. Muhammad Ishaque Khoso, Advocate files power on behalf of Respondents No.1 and 2, who are also present.

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Learned counsel for the Respondents No.1 and 2 has placed on record the certified true copy of judgment dated 5.8.2010 passed by Senior Civil Judge, Golarchi at Badin in F.C.Suit No.103 of 2005, whereby the petitioner’s suit for damages etc has been dismissed.

Upon a perusal of petition, it appears that the Petitioner has prayed for same relief for which he has filed F.C.Suit No. 103 of 2005. Petitioner also affirms that he has filed the aforesaid suit which was dismissed on 5.8.2010. He further states that he has also filed a Civil Appeal before the District Judge, Badin.

The factual controversy with regard to the loss etc cannot be determined in Constitutional Petition as proper remedy is the Civil Court. The petitioner has already approached the Civil Court and a civil appeal is subjudice before the District Judge, Badin.

In view of above, this petition is misconceived and accordingly dismissed in limine.     

JUDGE

Tufail