ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No.D-749 of 2015.

 

DATE        ORDER WITH SIGNATURE OF JUDGE

 

            1. For order on M.A. No.3659 of 2015.

            2. For order on M.A. No.3660 of 2015.

            3. For katcha peshi.

                                                                              

23.04-2015.

 

            Syed Hammad Ali Shah, advocate for the petitioner.

            =

 

            The petitioner has claimed the relief against respondent No.1, who is a private builder and the grievance of the petitioner is that despite booking and payment of all installments of apartment in Shah’s Chalets, the possession of the same has not been handed over to him. He has also claimed Rs.20,000/- as rent from June, 2008 till handing over the possession of the said apartment. It is well settled that no writ can be issued against private person; secondly, the controversial or disputed question of fact also cannot be adjudicated upon in the writ jurisdiction. The petition is not maintainable, which is dismissed in limine, alongwith the listed applications.            However, the petitioner is at liberty to file appropriate proceedings before the civil court for protecting his right, if any.

 

                                                                                                            JUDGE

 

 

                                                                        JUDGE

 

 

S