ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P.  No.S-2013   of  2011

C. P.  No.S-2279    of  2011

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

21.01.2013.

For Katcha Peshi.

Mr. Habibullah G. Ghouri, advocate for the petitioner.

Mr. Imtiaz Ahmed Shahani, State Counsel. 

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                   Learned Counsel for the petitioner submits that the object and root cause of these applications, which were subsequently converted into writ petitions, are that after the death of husband of the petitioner, her brother-in-law in haste is trying to mutate the property of petitioner's husband in his favour excluding the legal heirs of the deceased.  Learned Counsel for the petitioner submits that the legal heirs of the deceased have lawfully inherited the property, which is being unlawfully mutated by the brother of the deceased in his own name. 

                   Apparently, this seems to be a civil dispute and the parties ought to have resolved the same through competent Court of law.  Learned Counsel submits that the parties are already in civil litigation.  Be that as it may, since the parties have involved themselves in a civil litigation, let the official respondents act strictly in accordance with law without making any entry in the 'Foti Khata'.  Such entry in the 'Foti Khata' shall be subject to the decision of the civil Court or any other competent Court and not otherwise.  Learned Counsel for the petitioner submits that since the petitioner is a widow, therefore, protection be provided to the petitioner at the hands of deceased's brother.  Let the official respondents act strictly in accordance with law and provide protection to the life, liberty and property of the petitioner in accordance with law.  Petitions are disposed of accordingly.

                                                                                                JUDGE