ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.  P.  No.S-272    of  2012.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

21.1.2013.

1. For orders on office objection.

2. For Katcha Peshi.

Mr. Asif Hussain Chandio, advocate for the petitioner.

Mr. Muhammad Yaqoob Dahani, State Counsel.

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                   The petitioner has prayed in this petition as under :-

          "It is prayed that this honourable Court be pleased to issue writ of Mandamus to direct the Guardian Judge as well as appellate Court not to enforce the petitioner to  handover the minor Shakeela to Mst. Ashraf till the matter is finally decided with direction to the appellate Court and trial Judge to give findings and the Paramount consideration of welfare of minor Shakeela lies, which is question of fact."

                   It seems that the two Courts below have given concrete findings.  As far as handing over the custody of the ward to the respondent No.3 is concerned, the two orders of the trial Court and the appellate Court respectively were not challenged in this writ petition, however, a simple prayer that the custody of the ward should not be handed over to the respondent No.3 has been made. 

                   In view of such facts and circumstances, I am afraid this petition would not lie, as the petitioner has not challenged the orders of the Courts below.  This petition has no substance, which is accordingly dismissed.  However, the petitioner would be at liberty to file fresh petition if permissible under the law.

                                                                                                JUDGE