ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD.

C.P.  No. S — 686 of 2014.

DATE                                     ORDER WITH SIGNATURE OF JUDGE

09.03.2015.

            FOR KATCHA PESHI.

Mr. Imam Bux Baloach, Advocate for the petitioner.

Mr. Anwar H. Ansari, State counsel along with SIP M. Aslam on behalf of SSP Sanghar and S.H.O. Tando Adam City.

Mr. M. Luqman-ul-Haque, Advocate for respondents No.4 to 10.

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            The petitioners have prayed that they have built a Mosque and Madarsa on the plot in question but the respondents No.4 to 10 are causing harassment to the Namzais and the petitioners and also creating interference.

            The learned counsel appearing for respondents No.4 to 10 shown me a copy of order dated 2.3.2015, passed in F.C. Suit No.82 of 2014, and argued that a civil suit is already pending in this regard in which the petitioners No.1 and 2 are also defendants and the learned trial Court on an application moved under order 39 rule 1 and 2 C.P.C. has already appointed Commissioner to the Assistant Commissioner Tando Adam for submitting the report as to whether the Mosque and Madarsa in dispute has been registered in accordance with law or otherwise. A mandate was also given for the inspection of site and submit the report as to whether Masjid is built in a residential house with the use of loud speakers.

            Since the parties have already approached to the competent Court and the matter is pending, Commissioner has already been appointed for submitting the report, therefore, by consent this petition is disposed of with the direction to the parties to act strictly in accordance with law and shall not cause harassment to each other.

            The petition stands disposed of in the above terms.

Judge

A.