ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No.D-810 of 2011.

DATE        ORDER WITH SIGNATURE OF JUDGE

For katcha peshi.

26-03-2015.

            None present for the petitioner.

            Mr. Allah Bachayo Soomro Additional A.G. Sindh.

            =

            On 02.02.2012, counsel for the petitioner moved urgent application and on his request the matter was fixed on 13.03.2012, on which date he was called absent and the matter was adjourned. Today, again neither the petitioner is present nor his counsel. The petitioner has prayed that the respondent No.1 be restrained from interfering in the property bearing S.Nos.D-159, D-162, situated near Gaooshala, Joharabad, Tando Adam, which comes under the control and management of Evacuee Trust Property Board and the petitioner is paying monthly rent.

            Whether the property in question is an Evacuee or whether the petitioner is paying rent or not, these all are questions of fact, which cannot be decided in writ jurisdiction. The comments of respondent No.3 are also on record, in which he raised factual controversies. He further stated that petitioner and his brothers have encroached upon the road area measuring 342 Sq. Ft. The petition is dismissed. However, the petitioner is at liberty to avail appropriate remedy in accordance with law. 

                                                                                                            JUDGE

                                                                        JUDGE

S