ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD
Cr. Revision No.S-86 of 2006.
DATE ORDER WITH SIGNATURE OF JUDGE
For Regular hearing..
25-03-2011.
Mr. Bahadur Ali Baloch, Advocate for the applicant.
Syed Meeral Shah, D.P.G. for the State.
M/S Pirbhulal Goklani an Muhammad Sulleman Dahri, Advocates for Respondents.
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In this Criminal Revision, the applicant has challenged the order dated 24.7.2006 passed by the Sessions Judge, Nawabshah in complaint No.93 of 2005 moved by Respondent No.1 under section 3 &4 of Illegal Dispossession Act, 2005.
The main reason to challenge this order by the applicant that the learned trial Court decided the complaint in slipshod manner without making necessary inquiry, framing of the charge or recording of evidence, which is mandatory requirement and without which no definite finding can be given whether the Respondent No.1 was unlawfully dispossessed by the applicant or not.
Since 2006 this matter is pending without any further progress and vide order dated 5.12.2006, the operation of the impugned order was suspended. It appears that the learned trial Court has not considered the law in a right perspective and decided the complaint on the basis of mere argument, which is against the spirit and scope of Illegal Dispossession Act, 2005.
The learned D.P.G. for the State has not supported the impugned order.
After arguing this matter at some length, all the learned counsel jointly agreed that let this order be set aside by consent with further direction to the trial Court to expedite and decide the complaint within sixty days.
Accordingly the impugned order is setaside, the learned trial Court is directed to decide the complaint within sixty days, as provided under sub-section 2 of Section 5 of Illegal Dispossession Act, 2005.
JUDGE