ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No. D- 246 of 2009

DATE         ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objections No.1 & 3 as flagged.

2. For Katcha Peshi

29.3.2011.

Mr. Abdul Jabbar Belai, Advocate for the Petitioners.

Mr. Mukhtar Ahmed Khanzada, State Counsel.

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            Through the instant petition the Petitioners seek setting aside of order dated 28.11.2005 whereby their review application U/s 8 of Board of Revenue Act 1957 was dismissed being barred by three years, six months and one day.

            The record reflects that the office has asked the Petitioners to explain latches in filing the instant petition as the order in review was passed on 28.11.2005 whereas the instant petition was presented on 28.4.2009 after almost four (4) years. Counsel for the Petitioners contends that on humanitarian ground the limitation may be condoned. We further observed that the instant petition also contains question of facts as the Petitioners have challenged the transaction taken place on the basis of power of attorney which is asserted to be forged and such question cannot be adjudicated upon in the instant proceedings.

            In the facts and circumstances, the petition is not only barred by latches but also contains disputed question of facts, which cannot be adjudicated upon by this Court while exercising writ jurisdiction. We, therefore, dismiss the instant petition. However, the Petitioners would be at liberty to pursue the remedy if available in accordance with law.       

JUDGE

JUDGE