Jalil Ahmed @ Abdul Jalil (Applicant) VS Gul Muhammad & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD

R.A. No.259 of 2012

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on C.M.A. No.1564/2020.

Mr. Masood Rasool Babar Memon, Advocate for applicant. Mr. Muhammad Suleman Unar, Advocate for the respondent No.1 Mr. Wali Muhammad Jamari, Assistant Advocate General, Sindh.

The facts in brief leading to passing of instant order are that 6-32 acres of land situated at Deh Matli was allegedly granted to the applicant in year 1991-92. Such grant on appeal was cancelled by Executive District Officer Revenue Badin vide his order dated 15.05.2006. Such order was impugned by the applicant by filing a civil suit. It was dismissed by learned Senior Civil Judge at Matli vide his Judgment dated 01.12.2008 and such dismissal of the suit on appeal was maintained by learned 1st Additional District Judge Badin vide his judgment dated 03.08.2012. Decrees of course were drawn accordingly. The Judgments of learned Trial and Appellate Courts now have been impugned by the applicant before this Court by making the instant civil revision application.

The parties during course of hearing of the instant civil revision application entered into compromise and therefore sought for disposal of instant civil revision application in terms of compromise arrived at between them by way of listed application, which is filed under Order 23 Rule 3 C.P.C, it is also formally objected by other side by way of filing written objections.

The main dispute / issue before the Courts was/is whether the subject land after its grant in favour of the applicant was cancelled legally or illegally by the Executive District Officer Revenue Badin vide his order dated 15.05.2006, therefore, the distribution of the subject land being public property by the applicant and the private respondents amongst them by way of compromise could hardly be ordered by this Court in exercise of its supervisory jurisdiction that too beyond the pleadings of the parties.

Learned counsel for the parties when were confronted with the above legal position sought for time to satisfy the Court on above.

Adjourned to a date to be fixed after three weeks.

JUDGE

Muhammad Danish Steno*