ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

C.P. D – 1893 of 2014.

C.P. D – 369 of 2015.

DATE ORDER WITH SIGNATURE OF JUDGE

17.04.2015.

Mr. Aijaz Shaikh, Advocate for the petitioners in C.P. D – 1893 of 2014 along with the petitioner.

Mr. M. Ramzan Chandio, Advocate for the petitioners in C.P. D – 369 of 2015 along with the petitioner and his brother Zeeshan.

Mr. Allah Bachayo Soomro, Addl. A.G. Sindh along with SIP Ghulam Abbass Mallah on behalf of SSP Jamshoro, SIP Manzoor Ahmed on behalf of SSP Hyderabad, ASI Sikandar Ali on behalf of S.H.O. Hussainabad, Inspector Dhani Bux S.H.O. of P.S. Tando Ghulam Ali, SIP M. Aijaz Rajput S.H.O. of P.S. ‘A’ Section Latifabad and SIP Mahboob Ali Shah S.H.O. of P.S. Tando Allahyar.

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Constitutional petition No.D-1893 of 2014 has been filed with the contention that the petitioner No.1 purchased Bungalow No.B/93 Block ‘A’ Unit No.4, Latifabad, Hyderabad on which the respondents No.4 and 5 and Muhammad Imran (petitioner in C.P. No.D-369 of 2015) were annoyed and in this regard litigation started between the parties. The petitioner has prayed that the respondents No.1 to 3 may be restrained from causing any harassment to the petitioners and their family members. While Constitutional Petition No.D-369 of 2015 has been filed by Muhammad Imran against one of the petitioners in C.P. No.D-1893 of 2014 Muhammad Iqbal Arain and others in which also Muhammad Imran has prayed for the direction against the respondents No.1 to 5 to provide protection to the petitioner and restrained the private respondents No.12 to 16 not to cause any harassment to the petitioner and his family.

The learned A.A.G. has filed the comments of respondents No.2, 3, 5 to 7 and 11 in which the police officials have denied to have caused any harassment to the petitioner in C.P. No.D-369 of 2015 while the respondents No.2 & 3 filed their comments in C.P. No.D-1893/2014 in which they have also denied to have caused any harassment to the petitioner.

Both the petitioners in their respective constitutional petitions are present with their counsel and they have admitted that so far as the dispute regarding bungalow is concerned, the civil suit is already pending in the competent Court and Muhammad Imran in C.P. No.D-369 of 2015 admits that two F.I.Rs. have been lodged by them against the petitioners of C.P. No.D-1893/2014 which are also pending in the trial Court.

Since in both the petitions the petitioners have raised allegations vise-versa for causing harassment and also claimed the protection and it is also an admitted fact that their civil suit and the criminal cases are pending in the competent courts.

By consent both the petitions are disposed of in the following terms:-

(1) The petitioners in both the petitions shall not cause any harassment to each other and they shall strictly act in accordance with law.

(2) So far as the proceedings pending in the competent courts they will pursue the same in accordance with law.

(3) The police officials present in Court shall not cause any harassment to the petitioners and they shall also act strictly in accordance with law and whenever found necessary, they will also provide protection to the petitioners in accordance with law.

The petitions stand disposed of in the above terms.

Judge