ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D-455 of 2011.

DATE         ORDER WITH SIGNATURE OF JUDGE

                        1.         For Katcha Peshi.

26-03-2015.

                        Mr. Ejaz Ali Hakro Advocate for petitioner.

                        Mr. Allah Bachayo Soomro A.A.G

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                        None present for respondents No.3 to 6 though notices have been issued by the office for today. The petitioner has prayed that respondent No.1 be directed to initiate partition proceedings in respect of Plot No.5,6 & 8 admeasuring 5005 Sq.Ft situated in Deh 25-Batho Taluka Sakrand district Shaheed Benazirabad. Learned A.A.G has filed comments of respondent No.1 and in response to para No.5 of petition it is clearly stated that petitioner filed an appeal before the District Officer Revenue Shaheed Benazirabad and the appeal was disposed of vide order dated 25.10.2008 whereby appellants were advised to get partition of property through D.D.O Sakran and D.D.O Revenue Sakrand was directed to pass judicial order as the jurisdiction of partition is lying with him. Respondent No.1 issued letters to Mukhtiarkar Revenue Sakrand to bind down the parties to appear on the date of hearing. Respondent No.3 Mir Muhammad was not served with the notice, hence partition was not effected. Respondent No.1 in his comments has also assured that matter of partition will be taken up after issuing fresh notice to the parties and after hearing them matter will be decided within a period of 30-days. After going through the comments filed by the respondent No.1, learned counsel for petition is satisfied. Petition is disposed of accordingly with direction to respondent No.1 to decide the matter in accordance with law after hearing the petitioner and respondents No.3 to 6.

                                                                                                            JUDGE

                                                                        JUDGE

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