ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No.D-72 of 2015.

DATE        ORDER WITH SIGNATURE OF JUDGE

            1. For order on M.A. No.2732 of 2015.

            2. Forkatcha peshi.

            3. For hearing of M.A. No.440 of 2015.

08.04.2015.

            Mr. Mazhar Ali Laghari, advocate for the petitioner.

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

            =

            The petitioner has prayed for the directions against the respondent No.2 to issue heirship certificate after mentioning the name of the petitioner’s mother Mst. Aziz Bano. The learned Additional A. G. has filed comments of respondent No.2, in which it is stated that on the basis of inquiry conducted by him it came into the knowledge that father of the petitioner had divorced his mother so there is no question of mentioning the name of Mst. Aziz Bano in the heirship certificate. Counsel for the petitioner submits that the divorce papers are manipulated and even the name of petitioner’s mother is also incorrect. Since this is a factual controversy, which cannot be decided in writ jurisdiction and the proper remedy is to approach to the civil court. Learned counsel for the petitioner after seeing the comments of respondent No.2 also submits that the petitioner will approach to the civil court for the redress of his grievance. In view of his statement, the petition is disposed of accordingly.

                                                                                                            JUDGE

                                                                        JUDGE

S