ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P. No. S-474 of 2009.
|
Date Order with signature of Judge |
For Katcha Peshi
Mr. Mirza Asif Baig, Advocate for the petitioner.
-.-.-.-.-.-.-.-.-.-.-.--
Through this Constitutional Petition the petitioner has challenged the orders dated: 27.01.2009 and 04.07.2009 passed by II-Additional District Judge, Karachi (Central) in Family Appeal No. 18/2008.
The facts giving rise to this petition are that petitioner filed a Suit for Restitution of Conjugal Rights before the Court of II-Civil/Family Judge, Karachi (Central) which was decreed in favour of the petitioner vide judgment dated 05.03.2008. However, through Family Appeal No. 18/2008, petitioner has partly challenged the judgment & decree passed by the lower Court. On 27.01.2009 the appellate Court dismissed the said appeal, filed by the petitioner, for non-prosecution. It appears that on 26.02.2009 petitioner filed an application for restoration of appeal. In support of the said application one Mirza Asif Baig Advocate has filed his personal affidavit stating therein that on 27.01.2009 his Senior Counsel Mr. Nasir Rizwan Khan was busy before the Hon’ble High Court in C.P. No.23/2009 and he could not inform him, therefore, the appeal was dismissed for non-prosecution.
Per learned counsel on 27.01.2009, he was busy before this Court. In support of his contention he has submitted a copy of cause list dated 27.01.2009.
Upon a perusal of the cause list it appears that name of Mr. Nasir Rizwan Khan is mentioned, whereas the affidavit in support of the application for restoration of appeal was filed by Mr. Mirza Asif Baig.
In view of above conflicting versions I do not find any illegality in the impugned orders passed by the appellate Court. However, there is another aspect of the case that the suit was decreed in favour of the petitioner but under to certain condition. It is very strange that, he challenged the same in appeal.
For the foregoing reasons, I do not find any merits in the petition which is accordingly dismissed in limine.
Judge
Abdul Salam/P.A