ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

DATE ORDER WITH SIGNATURE OF JUDGE

1. For order on M.A. No.1881 of 2015.

2. For order on office objection No.2 alongwith reply as flagged.

3. For order on M.A. No.1882 of 2015.

4. Forkatcha peshi.

11-03-2015.

Mr. FurqanKarim Memon, advocate for the petitioner.

1. Granted.

2 to 4. The petitioner is seeking directions against respondent No.1, who is a private builder. A prayer has been made to direct the respondent No.1 for completing the finishing work of flat No.49/1 of Bismillah City in all respects and hand over the same to the petitioner. The learned counsel argued that lease in favour of the petitioner has been executed but physical possession has not been handed over.

Since the main prayer is against the private person, who is not amenable to the writ jurisdiction of this Court under Article 199 of the Constitution, therefore, petition is not maintainable. Even otherwise, there is factual controversy and civil dispute, which cannot be resolved in the constitutional jurisdiction. If petitioner feels that the builder has violated the terms and conditions of the agreement executed between them, the appropriate remedy is available under the law by filing a complaint against any such fraud. Similarly, for securing the possession, the petitioner may also approach to the civil court.

In view of above, this petition is dismissed in limine. However, the petitioner may avail appropriate remedy in accordance with law.

JUDGE